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Family Law Notes
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Family Law Notes

LAWS3391 - Family Law

35 Pages University of New South Wales Complete Study Notes Year Uploaded: 2018

The Australian Constitution (s51 (21)(22)) grants the Commonwealth power to regulate Marriage and divorce. The relevant legislation are the Marriage Act 1961 (Cth) (MA) and the Family Law Act 1975 (Cth) (FLA). All the sections in this paper are mostly from FLA unless otherwise stated. S 60I provides that it is compulsory for parties to attend FDR and make a 'genuine effort to resolve the dispute' before being eligible to commence court proceedings under family law. For the courts to be able to exercise power under the Family Law Act with respect to property of the parties to the marriage, the relationship must be within the definition of a "matrimonial cause" in s4(1)(ca). For de facto relationships, proceedings with respect to property of the parties to a de facto relationship are covered if it is within a "de facto financial cause": s4(1)(c). For de facto relationships, proceedings with respect to maintenance are covered by the "de facto financial cause": s4(1)(a)

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