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Australian Family Law in Context: Commentary & Materials: 6th Edition
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Australian Family Law in Context: Commentary & Materials: 6th Edition

Price: $170.50
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Published 3 Dec 2014 (Lawbook Co.)
ISBN: 9780455234823.

By Patrick Parkinson

Australian Family Law in Context provides a contemporary and innovative examination of family law materials from a range of disciplines and a diversity of perspectives. All viewpoints that may be found in the legal literature on family law are represented in the book through extracts, notes and questions.

The sixth edition has been comprehensively revised and updated to take account of the latest developments in Australian family law. It includes issues about same-sex marriage, changes to the family courts, the implications of the High Court’s decision in Stanford v Stanford for property division, and debates about the definition of family violence. The new edition also has the latest case law on the requirements for validity of binding financial agreements and on when an intimate partnership satisfies the definition of a de facto relationship, as well as new developments concerning parenting after separation.

Australian Family Law in Context contains extensive commentary and materials on:

  • The demographics of the family, including social science evidence on different family forms in Australia;
  • Dispute resolution, covering Family Relationship Centres, child-inclusive mediation, and the Child Responsive Model;
  • Collaborative law;
  • Family violence, covering typologies of violence, feminist perspectives on violence, and best practice guidelines for family lawyers on assisting victims of violence;
  • Third parties and family property;
  • Federal laws on the property of de facto couples;
  • The psychological evidence on what is best for children after parents separate; and
  • The application of Part VII of the Family Law Act to disputes concerning children.

Australian Family Law in Context: Commentary and Materials, 6th Edition remains the primary resource for law students and a major reference work for others interested in Family Law.


Part 1. The Family in Context

  1. What is Family?
  2. Family Forms and Family Behaviours

Part 2. Family Law in Context

  1. The Historical Context
  2. The Theoretical Context
  3. The Constitutional Context
  4. Family Violence

Part 3. The Resolution of Family Disputes

  1. The Family Courts
  2. Dispute Resolution in Family Law
  3. Family Lawyers and Professional Ethics

Part 4. The Formation and Dissolution of Marriage

  1. Marriage
  2. Divorce

Part 5. Economic Aspects of Relationship Breakdown

  1. The Economic Context
  2. Child Support
  3. Maintenance

  1. Private Ordering of Property Distribution and Maintenance
  2. Property under the Family Law Act
  3. Discretion and Process in Matrimonial Property Disputes under the Family Law Act
  4. Property and the Rights of Third Parties
  5. De facto and Domestic Relationships: Powers under Statute

Part 6. Children in Family Law

  1. Children’s Rights and Best Interests
  2. Parenthood
  3. Children and Relationship Breakdown: The Psychological Context
  4. Parenting Orders: General Principles
  5. Children’s Matters: Particular Kinds of Disputes
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