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Family Law Act 1975
The ''Family Law Act 1975'' (Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separation, and financial maintenance involving children or divorced or separated ''de facto'' partners: in Australia. It also covers family violence. It came into effect on 5 January 1976, repealing the ''Matrimonial Causes Act 1961'', which had been largely based on fault. On the first day of its enactment, 200 applications for divorce were filed in the Melbourne registry office of the Family Court of Australia, and 80 were filed in Adelaide, while only 32 were filed in Sydney. Background Though the Commonwealth had the power since federation in 1901 to make laws affecting divorce and related matters such as custody and maintenance, it did not enact such national uniform laws until 1961, when the ''Matrimonial Causes Act 1959'' came into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate and the Australian House of Representatives, House of Representatives.Constitution of Australia, Section 1 of the Constitution of Australia, section 1. The combination of two elected chambers, in which the members of the Senate represent the States and territories of Australia, states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a Fusion of powers, fused executive, drawn from the Westminster system.. The upper house, the Senate, consists of 76 members: twelve for each state, and two each for the territories, Northern Terr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(xxxvii) Of The Australian Constitution
Section 51(xxxvii) of the Constitution of Australia (also called the referral power) is a provision in the Australian Constitution which empowers the Australian Parliament to legislate on matters referred to it by any state. As Australia is a federation, both states and the Commonwealth have legislative power, and the Australian Constitution limits Commonwealth power (see Section 51 and Section 52). Section 51(xxxvii) allows for a degree of flexibility in the allocation of legislative powers. In practice, the referral power has been quite important in allowing the Commonwealth to enact legislation. Uncertainty Regarding the Scope of Section 51(xxxvii) Section 51(xxxvii) grants power regarding: :matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law. Uncertain issues concern: *Revocability: whether ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Court Of Australia
The Family Court of Australia was a superior Australian federal court of record which deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate. Together with the Federal Circuit Court of Australia, it covered family law matters in all states and territories of Australia except for Western Australia, which has a separate Family Court. Its core function was to determine cases with the most complex law, facts and parties, to cover specialised areas in family law, and to provide national coverage as the national appellate court for family law matters. In 2021, the Morrison Government introduced legislation merging the Family Court with the Federal Circuit Court of Australia to form the Federal Circuit and Family Court of Australia, effective from 1 September 2021. Since the merger, the Federal Circuit and Family Court of Australia is the only court which has jurisdiction to deal with purely family law rel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Promise
Breach of promise is a common law tort, abolished in many jurisdictions. It was also called breach of contract to marry,N.Y. Civil Rights Act article 8, §§ 80-A to 84. and the remedy awarded was known as heart balm. From at least the Middle Ages until the early 20th century, a man's promise of engagement to marry a woman was considered, in many jurisdictions, a legally binding contract. If the man were to subsequently change his mind, he would be said to be in "breach" of this promise and subject to litigation for damages. The converse of this was seldom true; the concept that "it's a woman's prerogative to change her mind" had at least some basis in law (though a woman might pay a high social price for exercising this privilege)—and unless an actual dowry of money or property had changed hands or the woman could be shown to have become engaged to a man only to enable her use of his money, a man was only rarely able to recover in a "breach of promise" suit against a woman ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Judaism and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Conversation
At common law, criminal conversation, often abbreviated as ''crim. con.'', is a tort arising from adultery. "Conversation" is an old euphemism for sexual intercourse that is obsolete except as part of this term. It is similar to breach of promise, a tort involving a broken engagement against the betrothed, and alienation of affections, a tort action brought by a spouse against a third party, who interfered with the marriage relationship. These torts have been abolished in most jurisdictions. The tort of criminal conversation was abolished in England and Wales in 1857; in Northern Ireland in 1939; in Australia in 1975; and in the Republic of Ireland in 1981. Prior to its abolition, a husband could sue any man who had intercourse with his wife, regardless of whether she consented – unless the couple was already separated, in which case the husband could only sue if the separation was caused by the person he was suing. Criminal conversation still exists in parts of the Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Law Cases
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the '' Australian Guide to Legal Citation'', published jointly by the '' Melbourne University Law Review'' and the '' Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published ... Case law reporters Australian law-related lists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kowaliw V Kowaliw
Kowaliw v Kowaliw, is a decision of the Family Court of Australia, concerning the distribution of property under the Family Law Act 1975 The ''Family Law Act 1975'' (Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separ ... that discussed the principles for making property orders that deal with assets lost or disposed of prior to hearing. ''Kowaliw'' is the start of a line of authority developed which enables a court to take these losses into account. Judgement Justice Baker put the principle in the following terms: As a statement of general principle. I am firmly of the view that financial loss incurred by the parties in the course of the marriage ... should be shared by them (although not necessarily equally) except in the following circumstances: (a) where one of the parties has embarked upon a course of co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
MRR V GR
''MRR v GR'' was an Australian family law case concerning who the child should live with where the father wanted to remain living in Mount Isa, Queensland while the mother wanted to return to live in Sydney, NSW. The ''Family Law Act 1975'' makes the "best interests of the child" the paramount consideration when making a parenting order. Child's best interests paramount consideration in making a parenting order. The High Court of Australia decided that a Federal Magistrate erred by failing to consider the "reasonable practicability" of a parenting order with an equal time arrangement that required the mother to live in Mount Isa. The matter was decided on 3 December 2009 with reasons subsequently published on 3 March 2010.''MRR v GR'': Case summar[2010/nowiki>_HCASum_4">010">[2010/nowiki>_HCASum_4_High_Court_of_Australia.html" ;"title="010/nowiki>_HCASum_4.html" ;"title="010">[2010/nowiki> HCASum 4">010">[2010/nowiki> HCASum 4 High Court of Australia">High Court (Australia) B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gronow V Gronow
''Gronow v Gronow'',. was a decision of the High Court of Australia. It is an important case in Australian Family Law for two main propositions. The first is that there is no presumption at law that children are better off in their mother's custody. The second is that custody is a discretionary decision, and as such, is only to be overturned by an appellate court if there existed an error of law. Background The case involved a custody dispute. Under the relevant act, in determining the custody of the children, the court was to regard the interests of the children as the paramount consideration. (1975) 1(1) University of New South Wales Law Journal 10. Previous High Court authority upon similar provisions in similar acts'' Matrimonial Causes Act 1959'', which provided at section 85 that in proceedings about "the custody, guardianship, welfare, advancement or education of children of a marriage ... the court shall regard the interests of the children as the paramount considerati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
