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NSWLegal StudiesQuick questions
Option: Family
Quick questions on The nature of family law and the Family Law Act 1975 (Cth): HSC Legal Studies
6short 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 defining family?Show answer
The legal definition of "family" has changed substantially. In the 19th and early 20th centuries, the law recognised only the nuclear family formed by lawful heterosexual marriage. Today, the Commonwealth and the states recognise multiple family forms:
What is the Family Law Act 1975 (Cth)?Show answer
The Family Law Act 1975 (Cth) is the central piece of Commonwealth family law legislation. Key features:
What is the Federal Circuit and Family Court of Australia (FCFCoA)?Show answer
Until 2021, family law was administered by two separate courts: the Family Court of Australia (established 1976) and the Federal Circuit Court of Australia (established 1999). The Federal Circuit and Family Court of Australia Act 2021 (Cth) merged them. The current structure:
What is section 51(xxi) and (xxii) of the Constitution?Show answer
The Commonwealth's power to legislate on marriage and divorce derives from s 51(xxi) (marriage) and s 51(xxii) (divorce and matrimonial causes) of the Constitution. The states retain power over de facto and family violence matters, though they have referred most de facto financial powers to the Commonwealth.
What is dispute resolution before court?Show answer
Most family law disputes are resolved without a court hearing. The Family Law Act 1975 (Cth) s 60I requires parties to attempt family dispute resolution (mediation) before applying for parenting orders, except in cases of family violence or urgent risk. Family Relationship Centres provide subsidised mediation across Australia.
What is forgetting the FCFCoA merger?Show answer
The Family Court and Federal Circuit Court were merged in 2021 into the Federal Circuit and Family Court of Australia. The merger is settled law.
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