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Family Law Enquiry - Final Report Summary

Family Law Inquiry - Final Report Released

Summary of the recommendations 

Closing the jurisdictional gap
- Stop children falling through the gaps between the federal family law courts, the state and territory child protection systems and the state and territory responses to family violence.  Family law disputes returned to the states and territories and the federal family courts eventually abolished.

Simpler property division - Include a starting position that separated couples made equal contributions during the relationship.
Compliance with children’s orders - Improve understanding of orders through greater engagement with family consultants and place limits on interim appeals.

Stricter case management - Clearer consequences for couples and their advisors if they don’t seek to resolve disputes as quickly, inexpensively, and efficiently as possible, and with the least acrimony.

Legislative simplification - Redraft the Family Law Act to make it easier to understand the law.

Children’s orders - Simplify the factors to be considered when determining living arrangements that promote a child’s best interests. Remove mandatory consideration of particular living arrangements.

Compliance with children’s orders - Improve understanding of orders through greater engagement with family consultants and place limits on interim appeals

Encourage amicable dispute resolution - Increase the proportion of family law matters that are dealt with through alternatives such as FDR (Family Dispute Resolution) and LADR (Legally Assisted Dispute Resolution).

 

 

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