• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Phone: 3465 9332

Logo
  • Home
  • Our Team
    • Courtney Barton – Legal Practice Director & Founder
    • George Finn – Director
    • Chris Colwill – Senior Associate
    • Ellie Prior – Associate
    • Hannah Radunz – Solicitor
    • Tenayah Miano – Paralegal
    • Alice Chapman – Paralegal
    • Rachel Elaurant – Legal Assistant
  • Our Services
    • Divorce Property Settlement Lawyers
    • Family Law Spousal Maintenance
    • Superannuation Splitting & Advice Lawyers
    • Child Custody Lawyers Brisbane
    • Child Support Lawyers
    • Child Relocation Family Lawyers
    • Child Abduction Family Lawyers
    • Fixed Fee Consent Orders Brisbane
    • Binding Financial Agreements
    • Fixed Fee Divorce Lawyers
    • Domestic Violence Lawyer – DVO Domestic Violence Order
    • Family Court Process
    • Family Mediation Services Brisbane
  • Fixed Fees
  • Common questions
    • Spousal & Separation
      • Beware the criminal consequences of false allegations of sexual abuse
      • Initial Contributions Count – 8 years + 1 child = 78%/82% to Husband
      • Validity of Overseas Orders – Parenting, Marriage and Divorce Orders
      • Superannuation Splitting in Financial Agreements
      • Is my Binding Financial Agreement Binding?
      • Bodilly & Hand: Spousal Maintenance ordered 17 years after separation
      • Admissibility of admissions at mediation in court proceedings
      • Does your Financial Agreement Protect you from a maintenance claim?
      • The Alter Ego Principle – When a Spouse uses a trust to hide assets
      • Do I have to mediate before court? The exemptions Explained
      • Pet Custody – Who gets the dog in a divorce?
      • Top 10 Myths in family Law Finally Exposed
      • Honesty is the best policy – Why tell your divorce lawyer everything
      • My ex is selling assets. What can I do??
      • 6 secrets revealed to help you protect your assets and your family after separation. No. 1 and 2 will blow your mind.
      • Spousal Maintenance – Do I have to support my ex after divorce?
      • Who stays in the home after separation?
      • Can I go to court without doing mediation first?
      • Assessing initial contributions in a long relationship
      • What to do and what not to do before you separate
      • CGT rollover for marriage breakdowns – Ellison & Sandini Explained
      • Domestic Violence Order Applications – How to boost your chance of success
      • Going back to work after Divorce
      • Mediation
      • 10 tips to Protect your Assets
      • Am I in a De Facto Relationship?
      • Property Acquired after Separation – how is it treated?
      • Divorce – What you need to know
      • Petrie Family Law Expert speaks about ‘The Twelve year Itch’
    • Parent
      • Court Ordered Paternity Test – What, Why and How
      • NEWS ALERT – You do NOT need a s60I certificate to file your parenting application – Valack & Valack
      • What is sole parental responsibility?
      • How does a DVO affect parenting orders?
      • Do you want sole Custody? Here’s what NOT to do.
      • SHOCK: Drug use in Australia worse than ever. Drugs & family law explained
      • SHOCK: Drug use in Australia worse than ever. Drugs & family law explained
      • When is supervised time ordered? Is Narcissistic Abuse enough?
      • Interim Parenting Orders
      • What is substantial and significant time?
      • Am I a parent?
      • My ex is in contravention of a Parenting Order. What can I do?
      • My Parents lent me money. Is it treated as a gift or a loan?
      • Gay Couple Win Appeal on sperm donor ‘parent’
      • How to spend more time with your children
      • Parental Alienation in Family Court Disputes: Part 2
      • Im not a parent. Can I apply for a parenting order? Non-Parent Parenting orders explained.
      • Can Parenting Orders be changed?
      • Step-Parent Adoption Explained
    • Child
      • What age can a child decide where they live?
      • Finally revealed: Top 10 things people do wrong in child custody matters
      • Child Relocation Family Lawyers
      • I want sole custody of my child
      • Rights to return of your child if taken to a Non-Hague Convention country
      • How to deal with false allegations in family law
      • Unilateral relocation of children
      • Prevention is better than Cure – Interim Relocation of Children Cases
      • International Travel with Children After Separation
      • Airport Watch List Orders / Pace Alert Orders
      • Application to change parenting orders because of children’s changed views dismissed
      • When can you change your child’s surname?
      • Change in residence for children because of Mother’s inability to protect the children from harm
      • Courtney’s Cases: Interim Orders appealed as Judge avoids determining issues
      • Mother’s persistent accusation that the Father sexually abused their child results in orders for no time with the Mother
      • Relocation – Full Court confirms decision allowing ADF Mother a ‘blank cheque’ relocation to wherever posted in her employment
    • Property
      • Top 15 things people do wrong in a property dispute
      • Hiding assets in a divorce
      • Injunction to stop my ex selling assets
      • What is a Superannuation Payment Flag?
      • Difference between property and a financial resource in family law
      • Impact of overseas divorce on Australian property settlement
      • How Trusts are dealt with in a Property Settlement
      • Redundancy payment – how is it treated?
      • Future inheritances – when can they be taken into account?
      • Can the court order someone to leave a house? – Ouster Orders
      • Time Limits in Property Settlement
      • Beware: failure to disclose may derail your consent order
      • Duty of Disclosure
      • What is just and equitable?
      • Why you should formalise your property settlement
      • Is domestic violence relevant in a property settlement?
      • Varying property orders
      • Defaulting on Property Orders is Dangerous
      • Effect of Bankruptcy on property settlement
      • Courtney’s Cases: Centrelink fraud or a fraudulent representation to the Court?
      • Limitation periods against solicitors for defective Financial Agreements
      • Clayton & Bant – A multi-jurisdictional family law dispute
      • Dunworth & Faletti: Application for injunction to stop sale of property where jurisdiction not yet established
      • Court dismisses application for property settlement for same sex couple of 27 years
    • Child Support
      • I want to set aside a Binding Child Support Agreement
      • I want to challenge my child support assessment
    • Other Legal
      • Out With the Old, In With the New: Why Fixed Fees are better
      • NEWSFLASH – What are the New Family Law Rules?
      • Apprehended Bias – should Judges & lawyers have drinks pre-judgement?
      • Inquest of Jack & Jennifer Edwards – Lessons Learned
      • 6 things you MUST know before hiring a family lawyer
      • Admissibility of opinion evidence & expert evidence in family law matters
      • Admissibility of recordings in family law cases
      • COSTS ORDERS
      • WARNING PRACTITIONERS: New Family Law Rules from 1 March 2018
      • Review of the Family Law System
    • Covid-19
      • The Covid-19 Vaccination – Is mutual parental consent required?
      • I want to apply to the Family Court for inclusion in the Covid-19 List
  • Family Law Videos
  • Family Mediation
  • Contact Us
  • Success Stories
  • Narcissistic Abuse

Review of the Family Law System

March 19, 2018 By Barton Family Law

The first comprehensive review of the Family Law system is now underway, being the first independent, comprehensive formal review since the Family Law Act 1975 was enacted over 40 years ago.

This week the Australian Law Reform Commission (ALRC) released an issues paper for its review of the family law system which contains over 47 questions and suggestions for possible areas of reform.

Access the issues paper here.

Areas to be considered for the Review of the Family Law System

The ALRC issues paper for the review of the family law system noted the need for reform in the following areas:

  • appropriate early and cost-effective resolution of all family law disputes;
  • the protection of the best interests of children and their safety;- the best ways to inform decision makers about the best interests of children and their views;
  • family violence and child abuse, including protection for vulnerable witnesses;
  • laws in relation to parenting and property division after separation.

Questions to be considered by the ALRC in the Review of the Family Law System

The 47 questions that are being considered by the ALRC for possible reform in its review of the family law system are as follows:

Objectives & Principles

Question 1            What should be the role and objectives of the modern family law system?

Question 2            What principles should guide any redevelopment of the family law system?

Access & Engagement

Question 3            In what ways could access to information about family law and family law related services, including family violence services, be improved?

Question 4            How might people with family law related needs be assisted to navigate the family law system?

Question 5            How can the accessibility of the family law system be improved for Aboriginal and Torres Strait Islander people?

Question 6            How can the accessibility of the family law system be improved for people from culturally and linguistically diverse communities?

Question 7            How can the accessibility of the family law system be improved for people with disability?

Question 8            How can the accessibility of the family law system be improved for lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people?

Question 9            How can the accessibility of the family law system be improved for people living in rural, regional and remote areas of Australia?

Question 10          What changes could be made to the family law system, including to the provision of legal services and private reports, to reduce the cost to clients of resolving family disputes?

Question 11          What changes can be made to court procedures to improve their accessibility for litigants who are not legally represented?

Question 12          What other changes are needed to support people who do not have legal representation to resolve their family law problems?

Question 13          What improvements could be made to the physical design of the family courts to make them more accessible and responsive to the needs of clients, particularly for clients who have security concerns for their children or themselves?

Legal Principles in relation to parenting & property

Question 14          What changes to the provisions in Part VII of the Family Law Act could be made to produce the best outcomes for children?

Question 15          What changes could be made to the definition of family violence, or other provisions regarding family violence, in the Family Law Act to better support decision making about the safety of children and their families?

Question 16          What changes could be made to Part VII of the Family Law Act to enable it to apply consistently to all children irrespective of their family structure?

Question 17          What changes could be made to the provisions in the Family Law Act governing property division to improve the clarity and comprehensibility of the law for parties and to promote fair outcomes?

Question 18          What changes could be made to the provisions in the Family Law Act governing spousal maintenance to improve the clarity and comprehensibility of the law for parties and to promote fair outcomes?

Question 19          What changes could be made to the provisions in the Family Law Act governing binding financial agreements to improve the clarity and comprehensibility of the law for parties and to promote fair outcomes?

Resolution & Adjudication Processes

Timely & cost effective resolution of litigated disputes

Question 20                 What changes to court processes could be made to facilitate the timely and cost-effective resolution of family law disputes?

Question 21                 Should courts provide greater opportunities for parties involved in litigation to be diverted to other dispute resolution processes or services to facilitate earlier resolution of disputes?

Small Property claims

Question 22                 How can current dispute resolution processes be modified to provide effective low-cost options for resolving small property matters?

Appropriate dispute resolution for cases involving family violence

Question 23                 How can parties who have experienced family violence or abuse be better supported at court?

Question 24                 Should legally-assisted family dispute resolution processes play a greater role in the resolution of disputes involving family violence or abuse?

Alternative dispute resolution processes

Conciliation and FDR

Question 26                 In what ways could non-adjudicative dispute resolution processes, such as family dispute resolution and conciliation, be developed or expanded to better support families to resolve disputes in a timely and cost-effective way?

Arbitration

Question 27                 Is there scope to increase the use of arbitration in family disputes? How could this be done?

Technology-assisted mechanisms to support client-led resolution

Question 28                 Should online dispute resolution processes play a greater role in helping people to resolve family law matters in Australia? If so, how can these processes be best supported, and what safeguards should be incorporated into their development?

Problem solving decision-making processes

Question 29                 Is there scope for problem solving decision-making processes to be developed within the family law system to help manage risk to children in families with complex needs? How could this be done?

Family Inclusive decision making processes

Question 30                 Should family inclusive decision-making processes be incorporated into the family law system? How could this be done?

Integration & Collaboration

Question 31          How can integrated services approaches be better used to assist client families with complex needs? How can these approaches be better supported?

Question 32          What changes should be made to reduce the need for families to engage with more than one court to address safety concerns for children?

Question 33          How can collaboration and information sharing between the family courts and state and territory child protection and family violence systems be improved?

Children’s experiences & perspectives

Question 34          How can children’s experiences of participation in court processes be improved?

Question 35          What changes are needed to ensure children are informed about the outcome of court processes that affect them?

Question 36          What mechanisms are best adapted to ensure children’s views are heard in court proceedings?

Question 37          How can children be supported to participate in family dispute resolution processes?

Question 38          Are there risks to children from involving them in decision-making or dispute resolution processes? How should these risks be managed?

Question 39          What changes are needed to ensure that all children who wish to do so are able to participate in family law system processes in a way that is culturally safe and responsive to their particular needs?

Question 40          How can efforts to improve children’s experiences in the family law system best learn from children and young people who have experience of its processes?

Professional skills & wellbeing

Question 41          What core competencies should be expected of professionals who work in the family law system? What measures are needed to ensure that family law system professionals have and maintain these competencies?

Question 42          What core competencies should be expected of judicial officers who exercise family law jurisdiction? What measures are needed to ensure that judicial officers have and maintain these competencies?

Question 43          How should concerns about professional practices that exacerbate conflict be addressed?

Question 44          What approaches are needed to promote the wellbeing of family law system professionals and judicial officers?

Governance & accountability

Question 45          Should s 121 of the Family Law Act be amended to allow parties to family law proceedings to publish information about their experiences of the proceedings? If so, what safeguards should be included to protect the privacy of families and children?

Question 46          What other changes should be made to enhance the transparency of the family law system?

Question 47          What changes should be made to the family law system’s governance and regulatory processes to improve public confidence in the family law system?

Want to have your say about the first comprehensive independent Review of the Family Law System?

The ALRC is keen to hear from people who have had recent experiences within the family law system that may be able to shed some light on the current problems with the system.

You can share your experience with the ALRC anonymously through a Tell Us Your Story portal on the ALRC website which will be open to the public until 7 May 2018.

These stories are for the ALRC’s use only and will not be published.

Have your say and have the opportunity to make a positive difference to a flailing system which your peers may have to plough through in the future. Help make their journey an easier one than yours.

review of the family law system - people having their say

Filed Under: Commonly Asked Questions, Misc Legal

Barton Family Law

Primary Sidebar

Online Enquiry

.

    I would like to book a reduced rate initial consultation with you

    Footer

    Areas of Practice

    • Child Custody Lawyers Brisbane
    • Divorce Property Settlement Lawyers
    • Fixed Fee Divorce Lawyers
    • Domestic Violence Lawyer – DVO Domestic Violence Order
    • Superannuation Splitting & Advice Lawyers
    • Fixed Fee Consent Orders Brisbane
    • Mediation Representation
    • Child Relocation Family Lawyers
    • Child Abduction Family Lawyers
    • Child Support Lawyers
    • Family Law Spousal Maintenance
    • Family Court Process
    • Family Mediation Services Brisbane
    • Binding Financial Agreements

    What makes us different from other Law Firms?

    Our Brisbane Divorce & Family Lawyers:

    • Only do family law all day every day. That makes us really good at what we do;
    • Are dedicated to helping you work through your family law issues so you can have a fresh start;
    • Have your best interests at heart;
    • Have the knowledge and experience to solve your family law problems, no matter how complex;
    • Will help you to reduce the conflict with your former partner;
    • Will fight for you and your children;
    • Provide exceptional quality service to you, tailored to your individual case needs;
    • Will educate you about your options, the steps you need to take and we will develop a strategy to help you to achieve a fair outcome and the best practical outcome for you and your family;
    • Will provide you with practical, realistic, commercial and strategic advice to empower you to make smart decisions following separation that will save you time, money and stress;
    • Will deliver an outcome to you quickly and cost effectively, with fixed fees for certainty;
    • Will do everything within our legal power to get you the best outcome for you and your family;
    • Are with you, supporting you, every step of the way from negotiations, to mediation, to litigation and settlement.
    Individual liability limited by a scheme approved under professional standards legislation.

    Contact Us

    Petrie Office

    • Address: 4/996 Anzac Avenue, Petrie QLD 4501
    • Parking: Underground parking available at the back of the building via O’Loan Street
    • Phone: 3465 9332
    • Email: [email protected]
    • Website: Petrie Family Lawyers

    Chermside Office

    • Address: 822 Gympie Road, Chermside QLD 4032
    • Phone: 3465 9332
    • Email: [email protected]
    • Website: Chermside Family Lawyers

    Aspley Office

    • Address: Aspley Hypermarket, 59 Albany Creek Road, Aspley QLD 4034
    • Phone: 3465 9332
    • Email: rache[email protected]
    • Website: Aspley Family Lawyers

    Copyright © 2022 | Website hosted by Lift Legal Marketing