The 9th edition of the Australian Master Family Law Guide provides up-to-date information on recent developments in family law. In particular, it covers the significant changes that have occurred in the area of case law over most aspects of family law since late 2016.
Jacky Campbell, Partner at Forte Family Lawyers and our consultant author, has been significantly involved in this edition and has provided a Preface. This Preface excerpt provides a brief overview of changes. For a more in depth analysis, order your Australian Master Family Law Guide and its companion Australian Family Law Act 1975 with Regulations and Rules and automatically save 15% with our store-wide discount!
Changes Covered in the Latest Edition
The Divorce chapter has been updated to include the latest divorce figures, details on the online interactive divorce form, and Ghazel & Ghazel and Anor (2016) FLC 93-693 which dealt with polygamous marriage.
The Parenting Orders, Plans and Guidelines chapter has new commentary on supervised time, revisiting orders, and the treatment of family violence in interim hearings. The new cases in commentary include Lane & Nichols (2016) FLC 93-750 and Salah and Salah (2016) FLC 93-713.
The Principles the Court Must Consider When Conducting Child-Related Proceedings chapter has been updated with new case law, including Bondelmonte & Bondelmonte (2017) FLC 93-763 a High Court case which dealt with the weight to be given to the views expressed by two teenage boys.
The Children and Relationships Factors chapter includes updated statistics on domestic violence and research on family violence. New cases are included, such as Barrett & Barrett and Anor  FamCAFC.
The Property chapter has been updated extensively with new case law, such as Medlow & Medlow (2016) FLC ¶93-692, Masoud & Masoud (2016) FLC 93-689, Rodgers and Rodgers (2016) FLC 93-703, Official Trustee in Bankruptcy v Galanis (2017) FLC 93-760, Eufrosin & Eufrosin (2016) FLC 93-695, Elford & Elford (2016) FLC 93-695, Calvin & McTier (2017) FLC 93-785, Zaruba & Zaruba (2017) FLC 93-776, Needham & Trustees of the Bankrupt Estate of Needham (2017) FLC 93-777 and Britt & Britt (2017) FLC 93-764.
The Maintenance chapter has been updated to include commentary on Hall & Hall (2016) FLC 93-709, where the High Court considered the need of a party for maintenance and the definition of financial resources. Atkins & Hunt (2016) FLC 93-746 and Fewster & Drake (2016) FLC 93-745 are also included.
The Bankruptcy and Third Parties chapter has been updated to include changes as a result of the Family Law Amendment (Insolvency Law Reform) Rules 2017 and new case studies, including Official Trustee in Bankruptcy & Galanis & Anor (2017) FLC 93-760.
The Superannuation chapter includes commentary on the significant changes in the law to superannuation splitting. Cases included in the updated chapter include Surridge & Surridge (2017) FLC 93-757, Russo & Wylie (2016) FLC 93-747, Campbell v Superannuation Complaints Tribunal (2016) FLC 93-724 and Welch & Abney (2016) FLC 93-756.
The Financial Agreements chapter has been updated to include a new subchapter, Compliance with State and Territory Legislation, and new case law, including Kennedy & Thorne (2016) FLC 93-737, Teh & Muir  FamCA 138, Bloomfield & Grainger  FamCA 32 and Kapsalis & Kapsalis  FamCA 89.
The Corporations and Trusts chapter includes new case law, such as D Pty Ltd (in liq) v Calas (Trustee), in the matter of D Pty Ltd (in liq) (2016) FLC 93-751 which dealt with binding third parties.
The Taxation Considerations chapter has been updated to include 2017/2018 figures and cases, such as Sandini Pty Ltd v FC of T 2017 ATC 20-610 which broadened the understanding of when capital gains tax rollover relief applies to a transfer of shares to a trust.
The De Facto Relationships chapter has been updated with new case law, such as Harriott & Arena (2016) FLC 93-702 in relation to geographical requirements, Clarence & Crisp (2016) FLC 93-728 where the primary issue was whether a de facto relationship existed between the parties at the time the child was conceived, and Chancellor & McCoy (2016) FLC 93-752 where it was found that it was not just and equitable to make any order for property settlement.
The Child Support and Maintenance chapter includes the 2017 figures, new examples, and new case law, including Rankin & Rankin (2017) FLC 93-766 and Masters & Cheyne (2016) 98-072.
The Surrogacy chapter includes commentary on Bernieres and Anor & Dhopal and Anor (2017) FLC 93-793. Following this decision it is clear that, unless parties are able to apply for parentage orders pursuant to the relevant surrogacy legislation of their home State or Territory, declarations of parentage for children born of commercial surrogacy arrangements cannot not be made pursuant to the Family Law Act.
The Evidence chapter has been updated with the changes to subpoenas as a result of the Family Law Amendment (2016 Measures No 1) Rules 2016.
The Costs chapter includes new cases such as Wrensted & Eades (2016) FLC 93-697 which dealt with conduct resulting in a costs order, Loomis & ML Lawyer (2016) FLC 93-731 which examined the financial circumstances for a costs order and Danks & McCabe (2017) FLC 93-767 in relation to indemnity costs.
For a detailed analysis of the significance and potential application of these changes, order your copy of the Australian Master Family Law Guide – 9th Edition today.