Family Law Essay
Am i correct in saying that in each essay, they will ask either;
1)Morality, ethics and commitment to the law
2)Effectiveness of the law
and
3)Law Reform
It seems those are the three possibilities for all the essays. Here is a hopefully helpful essay plan.
[size=+1]1)Morality, ethics and commitment to the law[/size]
a)The extent to which law reflects moral and ethical standards
De-Facto relationships (acceptance of)
b)Commitment to the law; the issue of compliance and non-compliance
ADVO's : 70% of breeched ADVO's aren't acted on (NSW Bureau of Crime Statistics and Reasearch)
[size=+1]2)Effectiveness of the law[/size]
Individual
a)Equality
de facto same-sex
Children are trated with most favour, Convention of the Rights of the Child (CROC)
b)Accessibility
limitations in rural areas
cross-vesting (Re vs Wakim case caused abolishion of cross-vesting)
c)Enforceability
child maintanance (non-payers reported to Child Support Agency)
AVOs (70% of breeched ADVO's aren't acted on according to the NSW Bureau of Crime Statistics and Reasearch)
d)Resource Efficiency
family court & protection/recognition
Alternative dispute resolution mechanisms (Family Law Reform act 1995(Cth), Young Offenders Act 1997(NSW) etc)
Cross Vesting (Re vs Wakim caused abolishon of cross-vesting)
Society
a)Resource Efficieny
Child support scheme
b)Law as a reflection of community standards and expectations
Balance of opinions
c)Opportunities for enforcement
?
d)Appeals and reviews
?
e)Balance of individual and community, rights and values
?
[size=+1]3)Law Reform courtesy of Confuzzled[/size]
a)Agencies of Reform
Law Reform Commissions:
The NSW Law Reform Commission (State level)
The Australian Law Reform Commission (Federal level)
Parliament:
Family Law Act 1975 {Cwth}
Family Law Reform Act 1995 (Cwth)
Courts:
How family law reform has risen from court cases e.g. Hope and Brown v. NIB Health Insurance: provided the recognition for gay couples to have access to couples health insurance.
b)Conditions that give rise to the need for reform
Changing social values & composition of society:
- Divorce changed from Matrimonial Causes Act 1959 (Cwth) - 14 notions to Family Law Act 1975 {Cwth} ‘irretrievable breakdown of the marriage’
- De facto relationships with the De Facto Relationships Act 1984 (NSW)
- Same-sex relationship under the Property Act,
- Multiculturalism
International Law:
- The United Nations Convention of the Rights of the Child (CROC)
- Hague Convention on Child Abduction 1986:
New Technology:
- Birth technology
Failure of Existing Law:
- AVOs and protection in domestic violence (70% of breeched ADVO's aren't acted on according to the NSW Bureau of Crime Statistics and Reasearch)
New Concepts of Justice:
- Changing roles of men & women in society
-edit: turned it into a more in-depth plan, big thanks to Confuzzled for alot of these.
Am i correct in saying that in each essay, they will ask either;
1)Morality, ethics and commitment to the law
2)Effectiveness of the law
and
3)Law Reform
It seems those are the three possibilities for all the essays. Here is a hopefully helpful essay plan.
[size=+1]1)Morality, ethics and commitment to the law[/size]
a)The extent to which law reflects moral and ethical standards
De-Facto relationships (acceptance of)
b)Commitment to the law; the issue of compliance and non-compliance
ADVO's : 70% of breeched ADVO's aren't acted on (NSW Bureau of Crime Statistics and Reasearch)
[size=+1]2)Effectiveness of the law[/size]
Individual
a)Equality
de facto same-sex
Children are trated with most favour, Convention of the Rights of the Child (CROC)
b)Accessibility
limitations in rural areas
cross-vesting (Re vs Wakim case caused abolishion of cross-vesting)
c)Enforceability
child maintanance (non-payers reported to Child Support Agency)
AVOs (70% of breeched ADVO's aren't acted on according to the NSW Bureau of Crime Statistics and Reasearch)
d)Resource Efficiency
family court & protection/recognition
Alternative dispute resolution mechanisms (Family Law Reform act 1995(Cth), Young Offenders Act 1997(NSW) etc)
Cross Vesting (Re vs Wakim caused abolishon of cross-vesting)
Society
a)Resource Efficieny
Child support scheme
b)Law as a reflection of community standards and expectations
Balance of opinions
c)Opportunities for enforcement
?
d)Appeals and reviews
?
e)Balance of individual and community, rights and values
?
[size=+1]3)Law Reform courtesy of Confuzzled[/size]
a)Agencies of Reform
Law Reform Commissions:
The NSW Law Reform Commission (State level)
The Australian Law Reform Commission (Federal level)
Parliament:
Family Law Act 1975 {Cwth}
Family Law Reform Act 1995 (Cwth)
Courts:
How family law reform has risen from court cases e.g. Hope and Brown v. NIB Health Insurance: provided the recognition for gay couples to have access to couples health insurance.
b)Conditions that give rise to the need for reform
Changing social values & composition of society:
- Divorce changed from Matrimonial Causes Act 1959 (Cwth) - 14 notions to Family Law Act 1975 {Cwth} ‘irretrievable breakdown of the marriage’
- De facto relationships with the De Facto Relationships Act 1984 (NSW)
- Same-sex relationship under the Property Act,
- Multiculturalism
International Law:
- The United Nations Convention of the Rights of the Child (CROC)
- Hague Convention on Child Abduction 1986:
New Technology:
- Birth technology
Failure of Existing Law:
- AVOs and protection in domestic violence (70% of breeched ADVO's aren't acted on according to the NSW Bureau of Crime Statistics and Reasearch)
New Concepts of Justice:
- Changing roles of men & women in society
-edit: turned it into a more in-depth plan, big thanks to Confuzzled for alot of these.
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