This website uses cookies to ensure you have the best experience. Learn more

Australian Family Law Essay

1970 words - 8 pages

In this day and age there are many variations of what constitutes a couple or family in comparison to many years ago. Long ago the idea of a ‘nuclear family’ was considered the norm; it consisted of the conventional husband, wife and children . But as our society progressed through the years this definition became less conventional and criticisms were made, this definition of ‘family’ did not account for gay unions, soul parents nor did it acknowledge the prevalence of extended family. The definition of family has changed over time, as have the socially defined roles of mothers and fathers. Within these varied family units, situations occur in which divorces and separations take place and a lot of the times these tricky situations may involve children, which can make an already tricky situation even more problematic. There are pieces of legislation which are in place which aim to protect the best interests of a child during the time their parents are going through divorce but sometimes these avenues can be more problematic and ultimately destroy unions whereas other avenues of dispute resolution such as mediation, albeit with its own criticisms, helps to keep relationships afoot in that it provides an opportunity for peaceful and mutual agreements to be made in a more laid back environment.

In the Commonwealth of Australia’s Constitution Act s 51, powers of the Commonwealth Parliament to legislate on family law subjects is laid out, it states:
“The Parliament shall, subject to the Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: (xxi) Marriage: (xxii) Divorce and matrimonial causes; and relation thereto, parental rights and the custody and guardianship of infants”.
Under this provision of their powers, the Commonwealth has defined the concept of marriage in the Marriage Act 1961 (Cth) as a ‘voluntary union by a man and a woman to the exclusion of everyone else voluntarily entered into for life’ . This historical definition was derived from the case of Hyde v Hyde and Woodmansee (1866) and denotes monogamous, heterosexual relationships; this restriction on the term ‘marriage’ has prevented the parliament from legislating in respect to de-facto and homosexual couples. However the Victorian Parliament has developed the Relationships Act 2008 (Vic) which recognises and registers the relationships between two people who aren’t married irrespective of ones gender.
In the year 2010 there where 50, 240 divorces granted in Australia alone . Under the Family Law Act (FLA) a divorce can not be filed within the first two years of the life of the marriage without court permission, unless a certificate is filed with the application. This certificate would state the two individuals have considered reconciling with a marriage counsellor or an appropriate officer of the family court. There are three main grounds for divorce, which are listed under sections 48 to 50 of the FLA; it is...

Find Another Essay On Australian Family Law

Comparing a Aboriginal and Australian Justice Systems

1486 words - 6 pages . (Aboriginal Law& criminal justice,Law Reform Commission,W.Australia) There are considerable differences between the methods of dispute resolution under the aboriginal law and the Australian law. Aboriginal dispute resolution methods actively involve members of the family and community whereas, under the Australian system complete strangers to the dispute adjudicate and hand out punishments. (Aboriginal Law& criminal justice,Law Reform Commission

The High court of Australia Essay

1779 words - 7 pages landmark decision in Australian constitutional law, and was a significant moment in the history of conservation in Australia. The case was centered around the proposed construction of a hydro-electric dam on the Franklin River in Tasmania,(hydro-electric can be described a the energy released by water falling, flowing downhill moving tidally)which was supported by the Tasmanian government, but opposed by the Australian federal government and

Australian Values Statement

2257 words - 9 pages the Australian Values statement. These core values of the nation are summarizing by three dot point: “ • Australian society values respect for the freedom and dignity of the individual, freedom of religion, commitment to the rule of law, Parliamentary democracy, equality of men and women and a spirit of egalitarianism that embraces mutual respect, tolerance, fair play and compassion for those in need and pursuit of the public good

Dealing with Homelessness in Australia

1967 words - 8 pages history regarding homelessness policy’s can be traced back to the mid 1800’s and to The Vagrancy Legislation Act of 1851 (Groves 2005). As a fledgling country Australians policies were still aliened with English Law. The early service delivery for the homeless in the 1800’s was limited to charitable organisations and Churches(Catholic Australian 2014 & Alexander 2013) who ran workhouses to help alleviated victims of the Vagrancy Act (Vagrancy Act

Values Education

1647 words - 7 pages ”; “Civil obligations”; “You, the law and society” (renting and buying; family; jobs; sport; environment; consumers; technology; rights and responsibilities – at least two units to be chosen); “Independent study” and “Law in a changing society” whereby students collect, organise, analyse and synthesise relevant information and evaluate its quality and validity across a variety of sources (Queensland Studies Authority, 2007). Through the processes of

Journal Writing

603 words - 2 pages villain, whereas the other side consider him to be an Australian folk hero. When Ned was considerably young, he acquired skills of basic shooting and became familiar with the bush. His first heroic moment was when he put his life on the line to save a young boy, Richard Shelton, from drowning in a nearby creek to his home. He was rewarded with a green sash from Shelton's family in which he wore during his final shootout with in police in 1880

Elimination of Discrimination Against Women

1936 words - 8 pages respect of the international laws and legislations for the human rights, Australia has protected the right of work for the women. In addition, all the Australian states must guarantee the right to work for the male and female which is based on the international law for the human rights. Thus, the international law and regulations provided extra protection for the women in the workplace because they confront more barriers than the men in the

Australian Political Parties - ALP, Liberals, Greens

2716 words - 11 pages just and humane society in which the importance of the family and the role of law is maintained. The party believe that there should be equal opportunity for everyone and that wealth should be encouraged for it provides good living, health, education and social justice. They believe that the government should not compete with and efficient private sector and that businesses and individuals are the true creators of wealth and employment, not the

Newspaper feature article - Australian Identity extracted from 'Gettin' Square'

1495 words - 6 pages Australian places, without showing us the Australians we recognize? Gettin' Square has the answers.Gettin' SquareTeplitsky and writer Chris Nyst create a captivating and energetic tale of a cute ex-con turned clean that struggles with the law as his faith in humanity is redeemed by the love of a good woman. The tale is given some appealing twists like the setting in Surfers Paradise on the Gold Coast, introduced at the beginning of the DVD as 'A

Legal Argumentative Essay

1270 words - 6 pages Australians. After crossing paths with land-rights advocates and legal minds, Eddie Mabo became of crucial importance to Indigenous Australian land law. Mabo was looking to seek a retreat from injustice concerning Indigenous Australians right to the land. After a ten year legal battle, often referred to as the ‘Mabo’ Case, six out seven High Court Judges ruled that: ‘The Meriam people are entitled as against the whole world, to possession, occupation

Black rock

2390 words - 10 pages wellbeing of society. Enright represents these ideas through use of plot, action, character and dialogue in the play. The purpose of the play is to educate Australians of the imperfection within their culture and encourage changes such as logic before mateship, family/parent guidance of youth and gender equality in social settings. Australian cultural identity is undefined and unrefined and Blackrock attempts to tie up some of the loose ends

Similar Essays

Australian Family Law: Surrogacy Essay

1817 words - 8 pages FAMILY LAW: SURROGACY Many Australians are turning to surrogacy as their last resort to have a child today. It is a process that has become more recognised popularly used over the years. Surrogacy is an arrangement for a woman to carry and deliver a child for another couple or individual. When the child is born, the birth mother permanently gives up the child to the intended parents. There are many legal issues surrounding surrogacy. Laws

How Surf Life Saving Has Come To Form Part Of Australia's Cultural Identity

1710 words - 7 pages revolution resulted in the abolishment of a controversial that stood until 1905 (Australian Government, 2008). This law prohibited people to ‘bathe’ during daylight hours, as it was seen as an immoral act (Australian Government, 2008). O’Connell (2006) states that early morning and late afternoon were the only designated time men and women could ‘bathe’ legally, although they couldn’t do so together. This was the social norm until 1902 when William

The Relationship Between Human Rights And Common Law

2505 words - 10 pages Australia as a state is a signatory party to over 900 treaties, which through the terms of their provisions and ratification entail an obligation to act in compliance with that obligation.Although it is a well-settled principle that the ratification of a treaty does not form part of Australian domestic law unless passed into legislation by parliament , a treaty unincorporated into legislation may still bear an influence on the development of

Analyse The Way Australian Discourses Are Constructed By The Movie "Gettin' Square"

1178 words - 5 pages frontier experiences of real bush workers .In the film Gettin' Square, director Jonathon Teplitsky constructs these discourses associated with the Australian identity through an extensive use of techniques and exceptional editing. The discourses prevalent in Gettin' Square include; attitude to authority, the abuse of power and police corruption, mateship, the roles of women in society, fair go,and the importance of family. All of these concepts are