Family Law is undergoing a series of major reforms to the Family Law Act 1975 (Cth) which involves proposed changes as set out in the Family Law Amendment Bill (No. 2). Last month Family lawyer and College of Law adjunct lecturer Kathryn Kearley provided an overview of the first Family Law Amendment Bill when it passed Parliament. The second tranche of these reforms has been moving through a consultation process, which ended on 10 November 2023. Kathryn Kearley provides a brief of the Consultation on the Family Law Amendment Bill (No.2) 2023.
What does the consultation involve?
These Family Law reforms are significant and Bill No. 2, which is now subject to the Consultation process, relates to financial orders and property amongst other topics. The process provides an opportunity for input from a range of stakeholders impacted by these changes.
Kathryn Kearley says it is likely that input from stakeholders will become part of the Bill No. 2 in its final form.
“The key aspect to be aware of is that input was sought from stakeholders who interact regularly with the family law system,” Kathryn explains.
What do family lawyers need to know?
“Lawyers need to know the law is being reformed flowing on from various reviews of the family law system. That first set of changes (being to parenting laws under Bill No.1) will commence in May 2024,” Kathryn says.
Kathryn provides a summary of the reforms in Bill No. 2:
“The exposure draft of Bill No. 2 amends the ‘Family Law Act 1975 (Cth)’ (‘FLA’) and makes some other amendments to the ‘Federal Circuit and Family Court of Australia Act 2021 (Cth)’,” Kathryn says.
“This includes amendments to address Australian Law Reform Commission’s Final Report No. 135: Family Law for the Future - An Inquiry into the Family Law System and to implement some elements of the Government Response to the Joint Select Committee on Australia's Family Law System,” Kathryn confirms.
“The exposure draft has four schedules that set out the proposed amendments. Those schedules cover: Schedule 1. Property reforms; Schedule 2. Children’s contact services; Schedule 3. Case management and procedure; Schedule 4. General provisions.”
Kathryn points out the first round of changes commence May 2024.
“At this stage lawyers should be aware that the changes to parenting law commence in May 2024 and to keep a watching brief, knowing that the current law applies in property cases and that changes to property law are in the pipeline,” Kathryn advises.
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