Year 12 HSC Family Law

Summary:

This Year 12 HSC Family Law essay discusses the effectiveness of law reform in dealing with contemporary issues concerning family members. It evaluates how effectively the law resolves conflicts in family relationships. The author highlights the impact of legal reform on same-sex marriage and surrogacy in Australia. It is noted that while some progress has been made, federal recognition and regulation are still limited. The essay also discusses the importance of child protection and the legal system’s response to domestic violence, mentioning the introduction of specific legislation and the availability of legal options for victims. Furthermore, the essay covers divorce, property distribution, and parental responsibilities, pointing out the changes in legislation that have aimed to address these issues. Overall, while the legal system is considered generally effective in upholding justice, the rights of vulnerable groups such as children and women may still be overlooked in certain circumstances.

Excerpt:

Year 12 HSC Family Law

Law reforms refer to the process of examining existing laws and advocating and implementing changes in a legal system, usually with the aim of improving justice or efficiency. Due to the constant alteration in values, beliefs and ideals within Australian society, the law must be able to mould and evolve to suit these inevitable changes. Many governmental and non-governmental bodies exist currently which contribute to the reform of legislation.

The concept of same–sex marriage has been a controversial topic within Australia, and the definition of marriage has been heavily contested. Currently, the requirements of the Marriage Act 1967 (Cth) state that marriage is a union between a man and a woman, and the individuals must be at least 18 unless otherwise authorised. Despite the unrecognition of same-sex relationships under this piece of legislation, the Property (Relationships) Act 1984 (NSW) recognises same-sex relationships as having the same legal status as heterosexual de-facto relationships and therefore provides the same protection. The rights of same-sex couples are further reinforced within the Family Law Act 1975 (Cth), which states that a de-facto relationship can exist whether the persons are of the same or different sex.