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https://anrows.intersearch.com.au/anrowsjspui/handle/1/14423 Record ID: 633008c8-1a19-497a-b4f4-4fc8ffd44989
Full metadata record
| DC Field | Value | Language |
|---|---|---|
| dc.contributor.author | Middleton, Sarah | en |
| dc.date.accessioned | 2022-06-30T23:13:01Z | - |
| dc.date.available | 2022-06-30T23:13:01Z | - |
| dc.date.issued | 2001 | en |
| dc.identifier.citation | 15 (3), November 2001 | en |
| dc.identifier.issn | 0817-623X | en |
| dc.identifier.uri | https://anrows.intersearch.com.au/anrowsjspui/handle/1/14423 | - |
| dc.language | en | en |
| dc.publisher | Butterworths | en |
| dc.subject | Family law | en |
| dc.title | Domestic violence, contributions and s 75(2) considerations: an analysis of unreported property judgements | en |
| dc.title.alternative | Australian journal of family law | en |
| dc.type | Journal Article | en |
| dc.identifier.catalogid | 2020 | en |
| dc.subject.keyword | Tasmania | en |
| dc.subject.keyword | new_record | en |
| dc.subject.keyword | Journal article/research paper | en |
| dc.description.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. | en |
| dc.identifier.source | Australian journal of family law | en |
| dc.date.entered | 2002-07-15 | en |
| dc.publisher.place | Chatswood, NSW | en |
| Appears in Collections: | Journal Articles | |
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