Hsc Legal Studies Essays

Smith trying to prove that her husband was an alcoholic who didn’t support the family, and Mr. Due to this ineffective and traumatic nature of the court system, as well as society’s changing views on divorce being more acceptable, the federal government introduced the Family Law Act 1975 (Cth).This new legislation made several changes in regards to divorce.Evaluate the effectiveness of the law in protecting victims of domestic violence The Australian Law Reform Commission stated that assault occurring in the home is not a private matter but one that is of concern for the community as a whole.

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This required one of the parties to prove to the court that the other party was at fault (i.e. However, it was found out that such “at fault” divorces were inefficient and led to severe strain on all families undergoing such a divorce, especially on the children – as their parents were fighting in court about who is to blame.

This is apparent in the case “Smith and Smith” where their divorce proceedings took over 3 years to sort out, due to Mrs.

Under section 48 of the Family Law Act 1975 (Cth), the only ground for divorce is the “irretrievable break down” of marriage – which can be demonstrated by separation of 12 months.

Since that reform, it can be seen in the SMH article “Divorce rates through the roof” (1985) that divorce rates have increased greatly, thus showing the new “no fault” divorce is a lot smoother, stress free and without pressures of proving who’s at fault.

Refer to problems in family relationships in your response.

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Family law, possibly more than any other area of law, is filled with issues that reflect the values and ethics of Australian society.

Additionally the law has reformed several concepts and legislation in order to uphold the protection of victims, with some states introducing mandatory counselling.

There is justified debate regarding the effectiveness of these legal avenues in protecting victims of domestic violence; debate raised by varied sources such as the Department Of Community Services, and other similar bodies.

Recent educational campaigns have raised community awareness of domestic violence as an important social issue, and helped the community understand that domestic violence is not a private affair.

This has been facilitated by the promotion of figures released by the Australian Bureau of Statistics in 2010- that 40 percent of all assaults were domestic violence related.

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