The aim of this book is to provide a comprehensive and accessible text covering the major aspects of family law. Family law is a dynamic part of the legal landscape and is ever evolving. It also intersects with other areas of law and involves many disciplines. An emerging theme in family law is that a thorough appreciation of social science research is essential. This book stands apart from others because it has a comprehensive chapter on social science which not only summarises the latest research but also analyses the case law to demonstrate how this research is used in family law decision-making. It also has a chapter touching on international family law, an area of increasing importance. The author team brings a unique blend of practice experience and academic expertise, to ensure this text will have a broad appeal to all readers. Students, academics, new practitioners, and also more experienced practitioners looking for a refresher, will all find Family Law Principles a useful resource.

This work has been written by a practitioner for the benefit of practitioners.The two introductory chapters deal with broad general principles and conceptual issues such as what is a caveat? and what is a caveatable interest? but the bulk of the book is taken up by an encyclopaedic analysis of all of the reported Australian and New Zealand cases touching upon caveats. Essentially this book is intended to function as a road map for practitioners to the reported cases, guiding them to cases involving similar facts, and breaking the issues up in a way that matches the practical problems with which they must deal.Chapters which follow on from the general introductory chapters:list all the recognised categories of situations where there is a caveatable interestdeal with defects in the drafting of caveatsdescribe the procedures available to a registered proprietor or other interested person for freeing the title from the caveatanalyse the criteria for a successful action for compensation for wrongful lodgement of a caveatexplain the role of caveats in determining equitable prioritiesThere is also a brief chapter dealing with the assessment of stamp duty on caveats.

Annotated by Richard Chisholm, Suzanne Christie and Julie Kearney, this work provides essential, practical and portable access to all the necessary Family Court legislation. The work provides detailed annotations to the Family Law Act (Cth) and the Family Law Rules 2004 (Cth) and the Federal Circuit Court Rules 2001 (Cth). The material is extracted from the four-volume looseleaf service, Australian Family Law (LexisNexis).

This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom This title is included in Bloomsbury Professional's Family Law online service.

This exciting new textbook introduces students to the key aspects of the law and legal frameworks essential for social work practice in Australia. Simple and easy to read, it communicates the complex legal concepts in practice in ways students can easily understand. With a focus on human rights and ethical conduct, it's both concept based, examining the ways of thinking and understanding law and social work interactions, and topic based, exploring the different specific areas of law which social workers are most likely to come into contact with. This is essential reading for any student taking a unit in Social Work Law. Specific to Australia, it accounts for Australian jurisdictions, and can be easily integrated into the classroom context, with case studies, questions for discussion and links to further resources, including interactive resources and a website to support further learning and provide updates to changes in the law between editions.

Australian Family Law: The Contemporary Context 2nd Edition encourages critical thinking and a wide understanding of contemporary Australian family law. Description and analysis of the law is set in a broad context that includes policy debates surrounding the law and the family as well as discussion of relevant empirical and research literature. Recent years have seen a burgeoning of empirical research relevant to family law and policy, and this research enables the authors to convey a rich sense of the law in action, social norms (both attitudes and behaviors), and the contexts of the field. This second edition has been comprehensively updated to reflect the latest changes in family law. It continues to take a thematic approach, and its use of interdisciplinary materials presents the substantive law in a highly contextualized way. This new edition includes a separate chapter on financial disputes, and expanded coverage of parenting and property disputes.

This book includes some of the papers presented and discussed at the European Regional Conference of the International Society of Family Law (ISFL), held in Tossa de Mar and Girona on the 9th and 10th of October 2003.\n