Type:	Journal Article
Title:	Domestic violence and contributions to the welfare of the family: why not negative?
Other Titles:	Australian journal of family law
Authors:	Middleton, Sarah
Keywords:	Criminal justice responses;Family law
Year:	2002
Publisher:	Butterworths
Citation:	16 (1), April 2002
Notes:	Discusses the relevance of domestic violence to the assessment of financial and non-financial contributions of the parties in marital property proceedings under s 79 of the Family Law Act 1975 (Cth). Reviews the case law dealing with the issue of negative contributions, highlighting that, although the courts have been reluctant to embrace the concept, treating it as a ‘relevant circumstance’ as opposed to a factor offsetting contributions, it has not been rejected outright. Suggests there is no reason why s 79 could not accommodate an approach which takes domestic violence into account and poses two main arguments in favour of such an approach being adopted. Specifically, it is argued that not taking domestic violence into account leads to differential treatment of marital conduct in family court proceedings and inhibits the court from issuing orders which adequately reflect the impact of financial misconduct on the contributions of perpetrators and the role of non-financial misconduct in increasing the contributions of victims.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/14321
ISSN:	0817-623X
Appears in Collections:	Journal Articles

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