November 13

Defacto or not? What’s marriage got to do with it?

Nicola Berkovic writing in The Australian newspaper reports “De facto couples have differences to married counterparts, judge says.” This article refers to the recent decision of BENEDICT & PEAKE [2014] FCCA 642 from the Federal Circuit Court at Parramatta, Sydney; where Judge Harman notably said:

“.. a de facto relationship may be described as ‘marriage like’ but it is not a marriage and has significant differences socially, financially and emotionally.”

There is nothing remarkable in this statement, as one reading of the article might have suggested.

November 13

Is the Taxation Commissioner to become the invisible man in family law money cases?

Having watched Rosie Batty’s inspiring challenge to Jo Hildebrand after his comments that “to say that you’re going to not report a case of child abuse or child sex abuse by your partner because you are scared for your own safety, I’m sorry it’s not an excuse”, was inspiring because of her deep personal tragedy which lies beneath her courage to speak out in the way she has.
Luke Batty’s murder was a tragedy. In response the Victorian Parliament is considering a law, which could see a mum incarcerated for not reporting abuse.

November 13

Luke Batty’s Mum confronts Jo Hildebrand on family violence – Questions for the family law justice system

Luke’s parents had separated, therefore, it is not inappropriate to inquire of those factors of the family law justice system, which Luke’s tragedy highlights.

The Family Law Act was amended in 2012 following the grievous murder of Darcey Freeman in 2009. Following these amendments, in simple terms, in cases where child abuse and family violence are raised, the Family Court must now give greater weight to child protection over a child’s meaningful relationship with both parents.

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