Examples of Family Court of Australia in a sentence
This is the converse of the situation in the Family Court of Australia where 'separate' child representation under ss.68L & 68LA of the FLA are based on 'the best interests model', a model which requires the advocate to present and argue his or her own professional view as to the child's best interests, even if this is inconsistent with the child's expressed wishes on the issue {ALRC Issues Paper #18, p.19}.
The Family Court of Australia is a Chapter III federal court created by the Commonwealth Parliament under section 71, with judicial independence provided under section 72(ii) and (iii).
With its establishment of the federal Family Court of Australia (FCA), Parliament shifted primary enforcement of national divorce laws from state to federal court.106 At the same time as it accomplished this procedural shift, Parliament abandoned fault-based grounds for divorce altogether and adopted a no-fault federal substantive standard.
In this Act, the standard Rules of Court and the related Federal Magistrates Rules: (a) a reference to the Family Court is a reference to the Family Court of Australia; and (b) a reference to a Family Court of a State is a reference to a court to which section 41 applies.
Moreover, by establishing the Family Court of Australia, Parliament encouraged the uniform interpretation of its national law throughout the country.110 These changes in substantive and procedural and the Assist from Article III of the Constitution of the United States, 33 MELB.
The Federal Circuit and Family Court of Australia Bill 2019, Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2019 have recently been referred to the Senate Legal and Constitutional Affairs Legislation Committee.
Given the objective of the Hague Convention to expeditiously return children taken from one country to another, the Family Court of Australia has interpreted the Convention in a manner which accords with its spirit.
The website of the Family Court of Australia contains a section on child abduction, with links to papers and reports, as well as judgments by the Family Court and the High Court.27 An appeal may be brought as a matter of right to the Appeals division of the Family Court of Australia sitting with three judges, and a further appeal may be made to the High Court of Australia, if the Appeals division or the High Court certifies that a question of law has arisen.
Under a system of cross-vesting of jurisdiction between federal, state and territory courts, the Family Court of Australia is vested with the full jurisdiction of the 22 Family Law Act 1995, § 61B.
Appeals from the Supreme Courts of the States and Territories, from the Federal Court of Australia and from the Family Court of Australia are heard pursuant to special leave being granted.