Letters of Advice
The following are Letters of Advice the Family Law Council have provided to the Attorney-General:
Letter of Advice on the Rastall & Ball decision
An own motion letter of advice was provided to the Attorney-General on 3 June 2011 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. (June 2011)
Letters of Advice on International Parental Child Abduction
A letter of advice was provided to the Attorney-General on 14 March 2011 in relation to international parental child abduction (March 2011).
On 5 August 2011 Council provided a further letter of advice in response to a request by the Attorney-General and the Hon Jenny Macklin MP, 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 (August 2011).
Letter of Advice on Enhanced Family Dispute Resolution
Council provided the Attorney-General with a letter of advice on 16 December 2010 on the Government’s policy initiative to enhance family dispute resolution. (December 2010)
Letter of Advice Confidentiality and Inadmissibility in the Family Law Act
Council, by its own motion, provided a letter of advice to the Attorney-General seeking consideration of broader information sharing and integration across the family law system to deal with family violence and child abuse (October 2010).
Letter of Advice on Mental Health Issues
The Attorney-General was provided advice on 9 December 2008 on amendments to the Family Law Act 1975 regarding mental health issues in the family law system (December 2008).
Letter of Advice on Binding Financial Agreements – Black and Black
On 21 October 2008 Council provided the Attorney-General with advice on the possible consequences of the Full Court’s decision in Black and Black on the validity of existing binding financial agreements (October 2008).
Letter of Advice on Kinship Carers of Indigenous Children
A letter of advice was provided to the Attorney-General on 3 October 2008 concerning kinship carers of indigenous children (October 2008).
Letter of Advice on Arbitration of Family Law Property and Financial Matters
Council considered arbitration of family law property and financial matters. A letter of advice was provided to the Attorney-General on 24 September 2008 (September 2008).
Letter of Advice on Binding Financial Agreements
Council considered the operation of section 90G of the Family Law Act 1975 in light of the Full Court’s decision in Black and Black (May 2008).
Letter of Advice on the recommendations made in Council’s 2000 report Litigants in Person
This letter of advice was provided to the Attorney-General on 13 December 2006. In August 2000, the Family Law Council (Council) prepared a report titled Litigants in Person - the report made a number of recommendations about possible responses to the needs of self-represented litigants. Council, with the approval of the Attorney‑General, 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. This letter of advice sets out the results of Council’s investigations and the status of each of the recommendations (December 2006).
Letter of Advice on the Children with Intellectual Disabilities
Council provided comment to the Attorney-General on 6 December 2006 in relation to the Children with Intellectual Disabilities Regulation of Sterilisation) Bill 2006 (December 2006).
Letter of Advice on the 'Child Paramountcy Principle' in the Family Law Act 1975
This final letter of advice on the 'Child Paramountcy Principle' in the Family Law Act 1975 was provided to the Attorney-General on 17 January 2006 (January 2006).
Final Joint Letter of Advice on immunity for family counsellors and family dispute practitioners under the Family Law Act 1975
This joint Letter of Advice by the National Alternative Dispute Resolution Advisory Council 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 Attorney-General on 15 November 2005 (November 2005).
Review of binding financial agreements provisions in Parts VIII and VIIIA of the Family Law Act 1975
On 5 November 2004 Council dispatched a letter of advice to the Attorney-General which reviews the binding financial agreements provisions in Parts VIII and VIIIA of the Family Law Act 1975 (November 2004).
Violence - Division 11 of the Family Law Act 1975
The Family Law Council provided this letter of advice to the Attorney-General on 17 November 2004. The letter of advice makes recommendations intended to simplify and improve the operation of the provisions in Division 11 in Part VII of the Act. (November 2004).
Violence and Property Proceedings
To propose a reform to Part VIII of the Family Law Act 1975 (August 2001).
Parenting Plans
Issues arising from parenting plans made under the Family Law Act 1975 (the Act) including the continued need for section 63E of the Act – in conjunction with the National Alternative Dispute Resolution Advisory Council (March 2000).
Guidelines for Legal Assistance
Commonwealth priorities and guidelines for legal assistance in respect of matter arising under Commonwealth law. (August 1999).
Part VIII of the Family Law Act
Part VIII of the Family Law Act: Principles and Objects (March 1999).
Transfer of Services to FACS
Advice on the Transfer of the Family Services Program. (October 1998).
Primary Dispute Resolution Services in Australia
Primary Dispute Resolution Services in Australia (May 1998).
Family Court in Alice Springs
Family Court in Alice Springs (August 1998).
ALRC Issues Paper 22
ALRC Issues Paper Number 22 (August 1998).
Civil and Religious Divorce
Civil and Religious Divorce (August 1998).
Step-Parent Adoptions
Letter concerning Step-parent Adoption. (May 1998).
Legal Aid Guidelines
Letter regarding Legal Aid Guidelines. (March 1998).
Arbitration in Family Law
Letter regarding arbitration in family law (March 1998)