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Family Law Week: Experts and the Family Justice System: Widening the Pool

The Experts Sub-Committee held its inaugural event on 25 March 2021. Hosted by Mr Justice Williams, the event was aimed at medical and allied health professions, family lawyers and judiciary. It set out some of the recommendations from the final report of the President s Working Group on Medical Experts ( The President of the Family Division Working Group on Medical Experts in the Family Courts – Final Report) and focused on encouraging medical and allied health experts to offer their services to the family justice system. The event explored the role of the expert witness, the court process, report-writing and what to expect when giving evidence. It also promoted the eight Regional Experts Committees, being set up to help address the shortage of expert witnesses in the family court and to implement, at regional level, the recommendations for training and interdisciplinary collaboration.

Federal budget must address critical gaps in frontline domestic violence services

Men in 20% of local court areas of NSW do not have access to accredited men’s behaviour change services (Based on a survey of 46 respondents from Women’s Domestic Violence Court Advocacy Services and other women’s services). Additionally, there are a whole range of positively evaluated federally-funded family, domestic and sexual violence services, such as the Family Advocacy Support Services (FASSs) in the Family Courts, the Domestic Violence Units (DV Units) in Legal Aid Commissions, Health Justice Partnerships in health-related settings, and Coordinated Family Dispute Resolution Services in family support settings, all of which have been recommended for expansion, yet continue to maintain pilot status. This means access to critical safety services are not available to all Australian women and children, depending upon their postcode.

Family Law Week: Resources and Section 25 of the Matrimonial Causes Act 1973

    The concept of resources in s25 of the Matrimonial Causes Act 1973 arises at s25(2)(a) of the Act. In coming to a fair order, the court must have regard to: (a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future… Given financial resources are distinguished from property in the sentence, they have been taken as a separate class of asset. In this article, we aim to: • Delineate common scenarios whereby an asset owned by a third party might bear on the court s assessment of resources and consider their appropriate legal taxonomy.

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