Type:	Journal Article
Title:	Domestic violence, contributions and s 75(2) considerations: an analysis of unreported property judgements
Other Titles:	Australian journal of family law
Authors:	Middleton, Sarah
Keywords:	Family law
Year:	2001
Publisher:	Butterworths
Citation:	15 (3), November 2001
Notes:	Outlines and discusses the outcomes of 35 unreported decisions of the Family Court, between 1996 and 1999, in which allegations of violence were raised in proceedings pursuant to s 75 (2) of the Family Law Act. The principles expounded in the reported decisions of In the Marriage of Doherty and In The Marriage of Kennon, where it was first recognised that domestic violence may be a factor that increases the substantial contribution made, by the victim, to the family’s welfare, are discussed in the context of s 79 (4) (c) as are the various rules courts have developed in order to adjust property settlements under s 75 (2), which deals with the financial consequences of domestic violence. The court’s response to counter allegations of violence and/or misconduct is dealt with in the final section of the paper and it is argued that although the relevance of domestic violence to property disputes has significantly increased in recent years, the issue is under-represented in Family Court proceedings and the legal profession has been slow to embrace promising case law developments. It is suggested that the unreported status of the judgements in which developing principles are being clarified and applied, is a possible reason for this.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/14423
ISSN:	0817-623X
Appears in Collections:	Journal Articles

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