Free Essays, Term Papers, Research Papers at Anti Essays

Year 11 Legal Studies Assessment Task One
Topic 4- The Operation of the Legal System
Family Court – Ryan Palangetic
A. COURT OR TRIBUNAL JURISDICTION
The Family Court of Australia was created by the Family Law Act 1975 (Cth) to interpret and apply that law to individual cases. Grants divorces, determines marriages, decides issues relating to parental responsibility, and calculates property divisions and maintenance agreements.
The Act envisaged that the new court would have:
• Judges who were particularly qualified to handle family law matters;
• Counselling and conciliation services;
• Child minding facilities; and circuit services allowing people in rural areas access to the court.
The Court also has jurisdiction in some matters under other legislation such as the Marriage Act 1961 (Cth) and the Child Support legislation. The jurisdiction and the administration of the Court has changed over time as a result of changes to the Family Law Act, in response to recommendations of reviews both internal and external, and the creation of the Federal Magistrates Court.
B. COMPOSITION OF THE COURT OR TRIBUNAL
Chief Justice (Hon Diana Bryant),Deputy Chief Justice (Hon John Faulks),Judiciary and Judicial Committees
The role of the Judge is to determine disputes between parties by applying the law to particular facts. Judges determine the facts on the basis of evidence presented to them, either given in Court by witnesses in person or provided in writing by way of an affidavit. Judges will consider the 'credit' of a party, and evidence will be accorded 'weight' depending on its relative importance.
C. NATURE OF MATTERS BROUGHT BEFORE THE BODY
Custodial matters over children, divorce, child welfare, family welfare, domestic violence, adoption.
D. LEGISLATION OR RELEVANT CASE LAW
CRISPEN & CRISPEN [2008] FamCAFC 14

FAMILY LAW - APPEAL – From...