Both sections address the financial and non-financial contributions made by a party to the acquisition, conservation or improvement of any of the property of the parties, in addition to any homemaker and parenting contributions made to the welfare of the family. [...] Do you have any concerns with the proposed arbitration amendments, including with empowering a court to terminate arbitrations when there is a change in circumstances? We support the inclusion of the disclosure rules within the provisions of the Family Law Act and consider they provide a balance between what is provided for in the Act and in the Rules. [...] Bankruptcy Although the scope of the consultation does not include bankruptcy in property settlement proceedings, we request consideration be given to the inequities that arise by the interaction between bankruptcy and family law and the relevant legislation which includes the Family Law Act and the Bankruptcy and Family Law Legislation Amendment Act 2005. [...] 16 Conclusion We are supportive of the proposed amendments to the Family Law Act and agree the wording of the exposure draft broadly clarifies, codifies and adds to the matters the court takes into consideration when making orders in property settlement proceedings. [...] We welcome the inclusion of the impact of any family violence and support the recognition of financial and economic abuse as a critical factor in the determination of a property settlement.
- Pages
- 17
- Published in
- Australia
Table of Contents
- AGD Family Law Act 1
- Family Law Act 1975 1
- Economic Abuse Reference Group 1
- Economic Abuse Incidence and prevalence of economic abuse 2
- Summary of recommendations 3
- Schedule 1 Property reforms 4
- Codifying the property decision-making principles Just and equitable Effect of family violence New contributions factors 4
- Specific comments on Exposure Draft 5
- Definition of Economic and Financial Abuse Economic abuse Financial abuse Ongoing education 6
- Evidence Recommendations 7
- 1. Include economic and financial abuse as a consideration under the list of current 7
- 2. Include economic and financial abuse as a consideration under the list of current 7
- 3. Include a definition of economic abuse and financial abuse in the Family Law Act 7
- 4. Commit specific funding for a handbook and ongoing education for all participants 7
- 5. Amend the Family Law Act to specify that the absence of a family violence order is 7
- Part 2 Principles for conducting property or other non-child-related proceedings 8
- Recommendation 8
- 6. Establish a new division that will allow the use of less adversarial trial processes. 8
- Part 3 Duty of disclosure and arbitration 9
- Recommendation 9
- 7. Include the disclosure rules within the provisions of the Family Law Act. 9
- Protecting sensitive information in family law matters 10
- Recommendation 11
- 8. Insert additional considerations in proposed section 997 in the Exposure Draft of 11
- Additional Considerations 12
- Spousal Maintenance Recommendation 12
- 9. Amend section 752 to provide that family violence and economic and financial 12
- Bankruptcy 12
- Bankruptcy and Family Law Legislation Amendment Act 12
- Jillians Story Louisas story Bankruptcy Family Law 13
- Recommendation 14
- 10. Conduct a consultation on the interaction between family law and bankruptcy 14
- Adjustment of interest with respect to Property Julies story 14
- Jacintas story 15
- Recommendations 16
- 11. Amend the Family Law Act to allow the Court to disregard section 81 when 16
- 12. The Minister conducts further consultation on Family Law Act amendments to 16
- Conclusion 17
- ECONOMIC ABUSE REFERENCE GROUP 17
