Type:	Journal Article
Title:	Letter of Advice concerning violence and property proceedings
Other Titles:	Australian journal of family law
Authors:	Osborne, Matthew J
Keywords:	Legal issues;Family law
Year:	2002
Publisher:	Butterworths
Citation:	16 (1), April 2002
Notes:	The full text of this Letter of Advice may be accessed at: http://www.ag.gov.au/agd/WWW/flcHome.nsf/Page/Letters_of_Advice_Letters_Violence_and_Property_Proceedings (for Part 1) and http://www.ag.gov.au/agd/www/Flchome.nsf/Page/F8506B56FF20569ECA256BAC00090444?OpenDocument (for Part 2). Further details of the electronic version are available on our Research & Resources database. See entry for 'Letter of Advice: violence and property proceedings'. Aimed at proposing reforms to Part VIII of the Family Law Act 1975, which currently governs the distribution of property upon separation and the various factors the court may take into account in determining partner contributions, this letter of advice provides a brief history of the Family Court’s approach to the assessment of financial contributions and the growth in acceptance that domestic violence may diminish or enhance that contribution. The current approach taken by the courts essentially prohibits the taking account of domestic violence, in determining property distribution, unless its impact on contribution issues or spousal maintenance issues under s 75(2) can be clearly identified. The letter discusses potential avenues for reforming the current approach and their respective merits; key recommendations included the clarification of the current law to account for the position taken by the Family Court in Kennon; the amendment of Part VIII to allow consideration of domestic violence in relation to both victim and perpetrator contributions; and the insertion of provisions which explicitly recognise the role of domestic violence in property proceedings so that fairer settlement outcomes for victims than are currently being achieved might be realised. This article is a condensation of the full analysis contained in the advice which is available on the Family Law Council website : www.law.gov.au/flc.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/15629
ISSN:	0817-623X
Appears in Collections:	Journal Articles

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