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NSWLegal StudiesQuick questions
Option: Family
Quick questions on Divorce, parental responsibility and the best interests of the child: HSC Legal Studies
7short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is no-fault divorce?Show answer
The Family Law Act 1975 (Cth) introduced no-fault divorce in Australia. The sole ground for dissolution of marriage under s 48 is irretrievable breakdown of the marriage, evidenced by the parties having lived separately and apart for at least 12 months.
What is property settlement?Show answer
Under the Family Law Act 1975 (Cth) s 79 (marriage) and s 90SM (de facto), the court applies a four-step process:
What is parental responsibility?Show answer
The Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) introduced into the Family Law Act 1975 (Cth):
What is the best interests of the child?Show answer
Section 60CA: in deciding whether to make a particular parenting order, a court must regard the best interests of the child as the paramount consideration.
What is family violence integration?Show answer
Part VII Division 11 of the Family Law Act 1975 (Cth). The Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth) inserted definitions of family violence and abuse and prioritised the protection of children from harm in s 60CC. Section 60CG requires the court to consider any existing family violence orders.
What is dispute resolution?Show answer
Section 60I of the Family Law Act 1975 (Cth) requires a genuine attempt at family dispute resolution before a parenting application can be made, except in family violence cases or where there is urgent risk. Family Relationship Centres provide subsidised mediation.
What is citing the s 61DA presumption of equal shared parental responsibility?Show answer
It was repealed by the Family Law Amendment Act 2023 (Cth) from 6 May 2024.
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