Letters of advice
Letters of advice
Letters of advice provided by the Family Law Council are listed below.
Establishment of a Children and Young People's Advisory Board
The Family Law Council provided the Attorney-General with a letter of advice on the establishment of a Children and Young People's Advisory Board.
Court Facilities in Regional and Rural Areas
The Family Law Council provided the Attorney-General with a letter of advice on the availability of adequate court facilities for the Federal Circuit and Family Court of Australia's regional and rural circuits.
International Parental Child Abduction proposed amendments
The council provided a letter of advice to the former Attorney-General in response to an Attorney-General’s Department discussion paper.
Improving the interface between child protection systems and the family law system
This letter of advice includes Council’s comments of fifteen recommendations made in an options paper prepared by the Attorney-General’s Department.
Education campaign for Family Violence Bill
The council supported the Senate Standing Committee on Legal and Constitutional Affairs’ report recommending an education campaign.
The Rastall & Ball decision
An own motion letter of advice was provided to the former Attorney-General expressing concerns about the possible effect of a ruling regarding the application of section 10H and 10J of the Family Law Act 1975 to family dispute resolution intake assessments.
International Parental Child Abduction
A letter of advice was provided on 14 March 2011 in relation to international parental child abduction in response to terms of reference issued by the former Attorney-General.
International Parental Child Abduction (child support)
On 5 August 2011 the council provided a further letter of advice in response to a request by the former Attorney-General and the former Minister for Families, Housing, Community Services and Indigenous Affairs. The letter of advice was on the issue of child support in cases of international parental child abduction.
Enhanced family dispute resolution
The council provided the former Attorney-General with a letter of advice on the former Australian Government’s policy initiative to enhance family dispute resolution.
Confidentiality and inadmissibility in the Family Law Act 1975
The council, by its own motion, provided a letter of advice to the former Attorney-General seeking consideration of broader information sharing and integration across the family law system to deal with family violence and child abuse.
Mental health issues
The former Attorney-General was provided advice on amendments to the Family Law Act 1975 regarding mental health issues in the family law system.
Binding financial agreements under Part VIIIA of the Family Law Act 1975
The council provided the former Attorney-General with advice on the possible consequences of the Full Court’s decision in Black & Black on the validity of existing binding financial agreements.
Kinship carers for indigenous children
A letter of advice was provided to the former Attorney-General concerning kinship carers of indigenous children and support for adherence to the Indigenous Child Placement Principle.
Arbitration of Family Law Property and Financial Matters
The council considered arbitration of family law property and financial matters, focusing on compulsory arbitration but also considering ways of promoting voluntary arbitration in the family law sector.
Discussion paper on arbitration in family law matters
The discussion paper looked at arbitration of family law property and financial matters, focusing on compulsory arbitration but also considering ways of promoting voluntary arbitration in the family law sector.
Binding Financial Agreements
The council considered the effect of the words in s90G of the Family Law Act 1975 and provided a letter of advice to the former Attorney-General.
Advice on the recommendations made in the Council’s 2000 report: Litigants in Person
In August 2000, the Family Law Council prepared a report titled Litigants in Person. In a letter of advice on 13 December 2006, the council reconsidered the recommendations in the report to ascertain whether they have been implemented or superseded by other developments and if they have any ongoing relevance.
Children with Intellectual Disabilities (Regulation of Sterilisation Bill) 2006
The council provided comment to the former Attorney-General in relation to the Children with Intellectual Disabilities Regulation of Sterilisation Bill 2006
The ‘Child Paramountcy Principle’ in the Family Law Act
This letter of advice discusses the amendments made to the Family Law Act 1975 by the Family Law Reform Act 1995 in relation to the paramountcy principle (the rule that the best interests of the child must be regarded as the paramount consideration when making specified decisions in the Family Law Act 1975).
Immunity for family counsellors and family dispute resolution practitioners
A joint letter of advice by the National Alternative Dispute Resolution Advisory Council (NADRAC) and the Family Law Council on the requirement for immunity for family counsellors and family dispute resolution practitioners under the Family Law Act 1975 was provided to the former Attorney-General.
Review of binding financial agreements
The council provided a letter of advice to the former Attorney-General which reviews the binding financial agreements provisions in Parts VIII and VIIIA of the Family Law Act 1975.
Review of Division 11 – Family Violence
The council provided this letter of advice to the former Attorney-General on 17 November 2004, making recommendations intended to simplify and improve the operation of the provisions in Division 11 in Part VII of the Act.
Violence and Property Proceedings
This letter of advice proposes a reform to Part VIII of the Family Law Act 1975 in order to direct courts exercising jurisdiction under the Act to have regard to the effects of family violence on the contributions of both parties in considering what orders should be made in property proceedings. The proposal reflects council’s concerns about the effect of the decision of the Full Court of the Family Court of Australia in the case of In the marriage of Kennon (1997) 22 Fam LR 1.
Recommendation 109 of the ALRC Report Managing Justice
In this letter of advice council recommends that the Family Law Act 1975 not be amended in accordance with the ALRC Report 109 Recommendation.
Parenting Plans
The council, in cooperation with the National Alternative Dispute Resolution Advisory Council, looked into issues arising from parenting plans made under the Family Law Act 1975 including the continued need for section 63E of the Act.
Commonwealth priorities and guidelines for legal assistance
The council provided comments on Commonwealth priorities and guidelines for legal assistance in respect of matters arising under Commonwealth law.
Letter of Advice on Part VIII of the Family Law Act: Principles and Objects
The council’s advice considers the principles and objects which should underpin the property provisions in Part VIII of the Family Law Act 1975.
Transfer of the Family Services Program
Advice from the Family Law Council regarding the proposed transfer of the Family Relationships Services Programs (FRSP) from the former Attorney-General's portfolio to the new Family and Community Services portfolio.
Primary Dispute Resolution Services in Australia
The letter considers a range of issues relating to Primary Dispute Resolution services.
Family Court in Alice Springs
The council provided a letter of advice which included the need for an Aboriginal mediator to be located in Alice Springs.
Consideration of ALRC Issues Paper Number 22
Council considered the Australian Law Reform Commission (ALRC) Issues Paper No 22 Review of the adversarial system of litigation: Rethinking family law proceedings (November 1997).
Civil and Religious Divorce
The council considered the effects of denial of a religious divorce on a party who has been divorced in the civil courts. The council concluded the problems as identified in the letter of advice, arise from the observance of religious practices and not from any shortcomings in the Family Law Act 1975.
Step-parent Adoption
The council considered concerns about the operation of the Family Law Act 1975 in relation to step-parent adoptions.
Letter regarding Legal Aid Guidelines
The council’s advice on the Commonwealth's Legal Aid Guidelines.
Arbitration in Family Law
The council’s advice on proposed amendments to the Family Law Act 1975 relating to arbitration in family law.