Late last year, the federal Parliament passedthe Family Law Amendment Act 2023which will make changes to theFamily Law Act 1975(Cth) (Family Law Act
TASK
Late last year, the federal Parliament passedthe Family Law Amendment Act 2023which will make changes to theFamily Law Act 1975(Cth) (Family Law Act).
Imagine you are completing your Practical Legal Training at Legal Aid (NSW). You have been asked to review the recent family law changes and provide an evaluation of the amendments to the family law practitioners in your team.
You should prepare to address the following questions.Your team leader will ask you questions to clarify certain issues or may seek further information.
Introduction to the amendments - what are they, when will the changes commence? Will it affect current parenting orders or parties to proceedings?
What is the effect of the amendments proposed to a determination of the childs best interests? What is the rationale for this change?
Will the presumption of equal and shared parental responsibility still apply when making parenting orders?
Outline three ways that the amendments seek to better safeguard the interests of vulnerable parties to proceedings.
What other changes are needed to ensure the safety of children in family court proceedings?
Do the amendments offer greater recognition of Aboriginal and Torres Strait Islander cultural values? Does this go far enough to protect a childs interests in maintaining a connection to culture or is further cultural reform necessary? Why or why not?
In this task, you are expected to apply an understanding of current Family Law Act principles and procedures to the Amendment Act, and to conduct legal research sufficient to convey an appreciation of the background to the legislative amendments that have been proposed.
