ATAR Notes: Forum
HSC Stuff => HSC Humanities Stuff => HSC Subjects + Help => HSC Legal Studies => Topic started by: elysepopplewell on August 02, 2016, 05:10:42 pm
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The place to check in for all things Family Law is here!
I read the Sydney Morning Herald every day and every time something relevant pops up, I will post it here!
Please feel free to add your own findings, especially media articles!
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Australia is urging Cambodia to crack down on surrogacy. This all comes as a response to the baby Gammy scandal.
http://www.smh.com.au/world/australia-urges-cambodia-to-crack-down-on-surrogacy-services-20160801-gqitze.html
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Article: How the campaign for same-sex marriage could fail. This article takes a nice take on how politics is impacting on the campaign.
http://www.smh.com.au/federal-politics/political-opinion/how-the-campaign-for-samesex-marriage-could-fail-20160801-gqi50g.html
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Tasmania Parliament supports same sex marriage! yipppeeee! And awesome for the Same Sex Relationships aspect of the syllabus :)
This article is from Sky News, but I'm sure more thorough opinion type articles will pop up over the next few days so we can get some cool insight into this from a legal perspective! http://www.skynews.com.au/news/national/tas/2016/08/10/tas-parliament-supports-same-sex-marriage.html
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Greens to block same-sex marriage plebiscite: https://www.theguardian.com/australia-news/2016/aug/26/greens-block-same-sex-marriage-plebiscite
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If you're interested in talking about parental leave and parental responsibility in your Family Law notes: This is a really important thing to add!
http://www.smh.com.au/lifestyle/news-and-views/news-features/they-dont-care-paid-parental-leave-cut-exposes-a-twofaced-government-20161024-gs9tpk.html
^This one is more of an emotive/opinion article, but I think it's the best article to ease your way into the reform!
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'Women are being traumatised': Rosie Batty call to end cross-examination by 'abusers'
This is wonderful for discussing DV, but also great for the Crime syllabus if asked about the court proceedings involving victims and evidence!
Batty is calling for the Family Law Act to be amended. Her statements in the articles make for convincing quotes for your essay!
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Do you guys have any predictions for what the family response questions will be on for the HSC?
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Do you guys have any predictions for what the family response questions will be on for the HSC?
I'm betting on a surrogacy question this year, or perhaps "care and protection of children." Neither have been touched in a while; of course we can never know for sure! :)
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Awesome stuff ;D
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Very recent case where a father raped and tortured his daughter.
Horrible stuff but could be useful for Famliy. I will try to find articles of more detail which explains how this could happen and if anything will change (i.e reform).
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Very recent case where a father raped and tortured his daughter.
Horrible stuff but could be useful for Famliy. I will try to find articles of more detail which explains how this could happen and if anything will change (i.e reform).
I heard about this on the radio this morning - and the mother was sentenced to...11 years I think? I believe there will be some commentary coming out over it tomorrow or the next day, now that the sentences have been handed down!
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Do you have any recommendations or examples of a strong thesis thesis for Family? Should I try and incorporate the themes and challenges into the thesis?
Thanks
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Maybe not as relevant for the HSC but still an interesting read about the government's priorities in regards to domestic violence and same-sex marriage.
http://www.abc.net.au/news/2016-10-28/rosie-batty-disturbed-government-cant-fund-dv-reform/7976782?WT.tsrc=Facebook_Organic&sf40171426=1
Also, at the same time, Turnbull has slammed DV in https://www.facebook.com/9News/videos/1273425716038596/
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Do you have any recommendations or examples of a strong thesis thesis for Family? Should I try and incorporate the themes and challenges into the thesis?
Thanks
Hey Josh! Might want to give this a read, it might help with some ideas about what constitutes an 'effective' Thesis ;D
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Maybe not as relevant for the HSC but still an interesting read about the government's priorities in regards to domestic violence and same-sex marriage.
http://www.abc.net.au/news/2016-10-28/rosie-batty-disturbed-government-cant-fund-dv-reform/7976782?WT.tsrc=Facebook_Organic&sf40171426=1
Also, at the same time, Turnbull has slammed DV in https://www.facebook.com/9News/videos/1273425716038596/
I think this is definitely relevant! Thanks Deng! ;D
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It's unlikely that most of you have begun Family Law yet if you're doing that as your option, but this makes for some very thought-provoking reading for the domestic violence spot on the syllabus. The article is written by Jenna Price and posted on the Daily Life section of the Sydney Morning Herald.
This is an EXCELLENT article for legal students - it's full of great quotes and links to other resources. The article points out the fact that perpetrators of domestic violence are usually criminals in other manners, whether that is abusive to "mates," drunk and disorderly, etc... Usually DV abusers have histories of crimes (often un-prosecuted).
This is definitely worth the read.
The most important report the articles links to [url-http://www.bocsar.nsw.gov.au/Documents/CJB/Report-2016-Violent-Criminal-Careers-A-retrospective-longitudinal-study-cjb198.pdf]is this one.[/url]
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This isn't on the Aussie front...it's over in Russia. But sad news in the DV world...
Russian Parliaments votes in favour of decriminalising domestic violence.
It is yet to make it's way to Putin to get the stamp of approval, but he has publicly announced his support.
"According to Russian government statistics from the Interior Ministry, 40 per cent of all violent crimes are committed within the family. The figures correlate to 36,000 women being beaten by their partners every day and 26,000 children being assaulted by their parents every year."
eeeeeeep :(
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Hey,
Thank you for this amazing thread! I was just wondering what you felt was the best way to create an overall Family Law essay and what is absolutely necessary to incorporate, especially in regards to contemporary issues.
Thank you so much,
Mary x
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Hey,
Thank you for this amazing thread! I was just wondering what you felt was the best way to create an overall Family Law essay and what is absolutely necessary to incorporate, especially in regards to contemporary issues.
Thank you so much,
Mary x
Hey Mary!
You're asking a big question ;)
As with every legal essay, you should always be trying to incorporate legislation, facts or statistics, cases, media, and international treaties/agreements/conventions. Sometimes the international element is left off there. When I was in Year 12, Jamon looked at one of my Legal essays for me and suggested that even though it was for the Crime unit, I relate it to international treaties and documents. This just gives what you're saying another re-enforcement, and another point for discussion. So, you could argue the effectiveness of Australian laws and measures, but perhaps the UN has also spoken out about domestic violence, and you could measure up the Australian standards to the views of the UN, for example. Contemporary issues are constantly developing in Australian media each month, so you need to keep your eyes peeled! Although there's no serious development in regards to marriage equality at the moment - last week the new WA premier was elected and they support marriage equality, meaning every state leader of Australia supports it! This is the kind of thing we need to stay on top of :)
Even though the laws may be black or white effective/ineffective, the cases will colour them in and likely show how some parts may be effective, but other sections may be ineffective. Cases are the point of discussion, the way to give proof to your argument!
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Hey Mary!
You're asking a big question ;)
As with every legal essay, you should always be trying to incorporate legislation, facts or statistics, cases, media, and international treaties/agreements/conventions. Sometimes the international element is left off there. When I was in Year 12, Jamon looked at one of my Legal essays for me and suggested that even though it was for the Crime unit, I relate it to international treaties and documents. This just gives what you're saying another re-enforcement, and another point for discussion. So, you could argue the effectiveness of Australian laws and measures, but perhaps the UN has also spoken out about domestic violence, and you could measure up the Australian standards to the views of the UN, for example. Contemporary issues are constantly developing in Australian media each month, so you need to keep your eyes peeled! Although there's no serious development in regards to marriage equality at the moment - last week the new WA premier was elected and they support marriage equality, meaning every state leader of Australia supports it! This is the kind of thing we need to stay on top of :)
Even though the laws may be black or white effective/ineffective, the cases will colour them in and likely show how some parts may be effective, but other sections may be ineffective. Cases are the point of discussion, the way to give proof to your argument!
Hi Elyse,
Thank you so much! That really helps clarify some things about the incorporation of international documents and treaties (I've always been unsure how to properly incorporate them!)
Thank you again,
Mary x
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Here's something a little different:
Here's a LinkedIn post made by Alan Joyce, QANTAS CEO, about why big businesses should be showing their support for same sex marriage (despite Minister Peter Dutton dis-encouraging this).
What's this good for? Quoting when you're analysing non-legal responses (media/business) to same sex marriage! :) It also makes for an interesting read.
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This doesn't strictly relate to the syllabus but I wanted to put it out there anyway for comparative purposes:
Malta has just legalised same-sex marriage, just 6 years after they legalised divorce! Crazy, crazy, stuff.
http://www.smh.com.au/world/malta-legalises-samesex-marriage-only-six-years-after-allowing-divorce-20170714-gxb39l.html
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An incredible new member has joined our community and has shared some great family articles. Although they are not all recent developments, I'm sure they'll prove very useful to students!
Hi! So I finally sat myself down and rounded up some media articles for the Family Option topic. Hopefully these prove to be helpful:
http://www.smh.com.au/comment/smh-editorial/abuse-inside-christian-marriages--a-personal-story-20150301-13rrvr.html
Sydney Morning Herald, 2015 - Abuse inside Christian marriages - a personal story
The article sheds light on the ineffectiveness of the courts and the law in addressing the issue of domestic violence in Christian marriages + how preconceived beliefs of Christian marriages have resulted in the courts and law enforcement to not conduct research into this issue. It's definitely an interesting topic to read into!
http://www.dailytelegraph.com.au/news/nsw/domestic-violence-register-to-protect-women-who-fear-their-partners-past/news-story/15e0e48ac195194844867d8892c11742
The Daily Telegraph, 2015 - Domestic violence register to protect women who fear their partner's past
Shows the effectiveness of the legal system in taking action to protect victims of domestic violence + to prevent possible domestic violence in relationships. Despite this, it may also be considered a breach of privacy (Possibly look at the Privacy Act 1988 for direct quotes from legislation?)
http://www.smh.com.au/federal-politics/political-opinion/reports-show-shared-care-needs-fixing-20100203-nd7a.html
Sydney Morning Herald, 2010 - Reports show shared care needs fixing
Discusses how shared parenting needs to be more in the best interests of the child, not as a 50/50 kind of thing. I definitely thought it was an interesting read + discusses some stuff that the courts are actively discussing. Also integrates parts of law reform and the effectiveness/ineffectiveness of the courts.
http://www.smh.com.au/comment/samesex-marriage-equality-converts-are-very-welcome-to-the-party-20150226-13ptfg
Sydney Morning Herald, 2015 - Same-sex marriage equality converts are very welcome to the party.
Good article for showing the effectiveness AND ineffectiveness of the media, being a non-legal method. The article effectively shows how the contemporary issue of the recognition of same-sex marriages is being actively discussed, and how it's able to inform and project public opinion. But at the same time, it shows how non-legal methods like media don't have any legislative power to enforce laws. They're only able to advocate for it and be a vehicle of persuasion!
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Hey guys,
I've got together some of my articles for family law and most of them are fairly recent.
Child protection cases up 20 per cent in four years: Australian Institute of Health and Welfare MARCH 16 2017,SMH. This article has a lot of statistics and argues that cases are increasing in child violence. They argue that this is due to "Either there is a real increase in the prevalence of abuse or there is an increase in reporting."
FOSTER CHILD ADOPTION RATES AT RECORD HIGHS IN NSW DUE TO STREAMLINED LAWS
The Sunday Telegraph, July 2nd, 2017
Adoptions are being made easier for foster parents and therefore more people are adopting their foster children. Can be used to show the effectiveness of the law.
Abuse and neglect: Australia’s child protection ‘crisis’ The Conversation, October 23rd 2014
Infographic: a snapshot of Australia’s child protection services The Australian, October 2014
Adoption by same-sex couple opposed because of birth parents' Catholic faith SMHSMH, March 26th 2017
Should commercial surrogacy be legal in Australia? May 14th 2015, SMH
Will finish off the mini descriptions of the articles later :)
Hope these help :D
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Hey guys,
I've got together some of my articles for family law and most of them are fairly recent.
Legend ;D
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Here's an article that explains the legal differences between marriages and de facto relationships.
Great for same sex relationships and also alternate family relationships.
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Here's an article that explains the legal differences between marriages and de facto relationships.
Great for same sex relationships and also alternate family relationships.
how do we link this article to alternate family relationships? I want to use this article for my family LCMs
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Probably the most important LCM for Family Law in 2018 I feel is the current ALRC Review of the Family Law System.
https://www.alrc.gov.au/inquiries/family-law-system/terms-reference
https://www.ag.gov.au/Publications/Budgets/Budget2017-18/Pages/Media-releases/Transforming-the-family-law-system.aspx
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https://www.smh.com.au/national/nsw/years-of-avos-failed-to-protect-allegedly-murdered-motheroffive-sharon-michelutti-20160205-gmn0cp.html
https://www.caselaw.nsw.gov.au/decision/593a0b85e4b058596cba773e
https://neighbourhoodpaper.com/issues/finding-beauty-bleakest-places-conversation-moo-baulch-women-men-domestic-violence/
Some info on R v Gavin John De Beyer (2017), a really good and recent case involving ADVOs and their inability to protect individuals at immediate risk of harm. The professional opinion of the CEO of Domestic Violence NSW, Moo Baulch in relation to this case and others around the same time might be useful as well.
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Wow, this is definitely a media case to follow. Two Eastern suburbs parents are facing court after keeping their baby on a strict vegan diet that lead to malnourishment. She also suffered rickets.
Media here: https://www.smh.com.au/national/nsw/sydney-parents-face-court-over-vegan-diet-which-left-baby-malnourished-20180411-p4z8xq.html
"Normal text sizeLarger text sizeVery large text size
A couple who allegedly kept their 20-month-old daughter on a strict vegan diet, which left her malnourished and suffering rickets, have pleaded not guilty to child neglect.
The 31-year-old woman and 33-year-old man appeared at Waverley Local Court on Wednesday, charged with reckless grievous bodily harm and failing to provide for a child, causing danger of serious injury."
EDIT: Here's a very similar, and recent, case of a similar thing. A naturopath jailed after baby nearly died on the suggested diet.
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theres a really useful article that I just found that relates to the changing nature of parental responsibility:
http://www.abc.net.au/news/2018-06-14/what-law-says-grandparents-seeing-grandkids-when-parents-split/9855124
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Family Law Act leaves children vulnerable to violence, NSW Police Minister says (The Australian, 11th July)!! :)
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Some more recent articles: :D
Family law system may need royal commission scrutiny, Chief Justice John Pascoe says
Dowry abuse should be recognised as domestic violence under Australian law, advocates say
Legal group warns My Health Record may put vulnerable children at risk