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Is there a need for more certainty in discretionary decision making in Australian family property law?

Young, L. and Goodie, J. (2018) Is there a need for more certainty in discretionary decision making in Australian family property law? Australian Journal of Family Law, 32 (1). pp. 162-188.

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Abstract

As family law in Australia is under consideration by the Australian Law Reform Commission, it is an opportune time to consider whether the family property regime is in need of reform, in particular to provide more certainty. This article explores, and details, the courts’ power to circumscribe the exercise of discretion in this area by making legitimate guidelines and binding rules. The article argues that insufficient attention has historically been paid to this power, resulting in a lack of clarity as to the status of statements of legal principle. The article concludes that this, alone, does not justify wholesale property law reform. It supports targeted, limited, legislative reform and greater focus by the judiciary on the classification of statements of principle.

Item Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: LexisNexis
Copyright: © 2018 LexisNexis
Publishers Website: https://www.lexisnexis.com.au/en/products-and-serv...
URI: http://researchrepository.murdoch.edu.au/id/eprint/42135
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