Type:	Journal Article
Title:	The verdict on Kennon: failings of a contribution-based approach to domestic violence in Family Court property proceedings
Other Titles:	Alternative law journal
Authors:	Middleton, Sarah
Keywords:	Family law;Economic costs;Legislation analysis;Legal issues
Year:	2005
Publisher:	Legal Service Bulletin Co-operative Ltd
Citation:	30 (5), October 2005
Notes:	Journal is supported by Faculty of Law, Monash University. This article argues that using the increased contribution approach to deal with domestic violence in Australia is impractical and difficult. It proposes that the Family Court and legal profession, along with legislative change, should focus more on the financial consequences of violence. There are 2 sections of the Family Law Act:property provisions where domestic violence may have relevance. Section 79(4)(c) (the ‘contribution section’) requires the Family Court to consider the contributions of the parties to the welfare of their family. A history of domestic violence may mean a finding of an increased contribution by the victim, that is, the ‘increased contribution approach’. Section 75(2) (the ‘financial needs section’) requires the Court to look at a range of factors such as the age, health of the parties, their physical and mental capacities for appropriate gainful employment, and their responsibility for the care and control of children. Domestic violence may be relevant with regard to the victim’s present and future financial needs, that is, the ‘financial consequences approach’. It is argued that neither of these approaches has been effective in increased property settlements for victims of domestic violence. A history of the Family Court’s approach to domestic violence is outlined with the citation of the case Kennon:. The Kennon:principles are discussed, along with the difficulties with ‘discernible impact’, questions of quantification and other conceptual concerns. An alternative approach is presented, to take account of violence through a financial needs adjustment so as to avoid the difficulties associated with the increased contribution approach.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/12518
ISSN:	1037-969X
Appears in Collections:	Journal Articles

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