In Saska & Radavich,13 the Full Court of the Family Court considered the proper interpretation of section 4AB(1) and found that section 4AB(2) of the Family Law Act gives context to the definition contained within section 4AB(1).14 In Olivier & Olivier,15 which concerned allegations of coercive and controlling behaviour between the parties for the purposes of determining the appropriate parenting. [...] The Law Council has also previously provided a submission to the Senate Legal and Constitutional Affairs References Committee on the practice of dowry and the incidence of dowry abuse in Australia.33 Dowry is a cultural practice in some countries in South Asia, the Middle East and Africa, and often involves payment by the bride’s family to the groom and his family, with the direction of gifts bein. [...] However, we consider that the Federal Circuit and Family Court of Australia (FCFCOA) is well-placed to respond to the prevention of forced marriage, particularly drawing on the following existing features of the Court: (a) specialised family and domestic violence training is undertaken by judicial officers of the Court; (b) the operation of the Family Law Watchlist within the Court; (c) the inform. [...] Another benefit to a national scheme under a standalone Act would be the ability to expand the existing jurisdiction of the federal courts to exercise the necessary powers to prevent the removal of victim-survivors to Australia under the Family Law Act. [...] The collective input received by the Law Council from the legal profession suggests that the better course of action with respect to grounds for seeking civil protection orders for forced marriage is to keep the elements of any legal test broad, leaving the matter ultimately to the discretion of the relevant court.
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