YEAR 12 LEGAL STUDIES : STUDY GUIDE 2 – FAMILY LAW
1. From page 232, what is the Education Reform Act of 190?
2. a) What does In Loco parentis mean?
b) By what case was it established in the 1960s that schools
exercise authority over the child in the place of the parent?
3. Make good brief notes on the section on Discipline. P.233
4. Summarise the 1st 7 lines under the heading; Medical Treatment.
5. a) The courts overrule the duty and authority of the parents when
it is the best interests of the child. Briefly provide some examples of this. P235
b) Ad litem means?
6. a) What law changed the right of ex-nuptial children to inherit their parents property?
b) How is this law a good example of how the law evolves and reforms, to reflect society’s changing
moral and social values and attitudes?
7. a) What autonomy or independent rights do children have while still living at home?
b) What are Trustee?
8. What does the law say regarding a) where they live, and b) entering contracts.
9. Under the heading: Alternative Family Relationships, make notes on the 6 different types of
arrangements.
10. a) Read the Davies v Sparkes 1990 case on page 237. What precedent case did Justice Bryson use when
justifying his decision to deny Mrs. Davies De Facto status?
b) Write out the ‘red’ terms and definitions on pages 236 and 239.
11. a) Why did the UN draw up a declaration on the rights of children.
b) List some of its main terms/ articles.
12. Under the heading: ‘Birth Technology and Surrogacy’, explain how
and why the legal definition of a father has changed.
13. Under the heading: ‘Parents and Children’, explain how the law
regards the relationship between parents and children.
14. a) Write out the definition for artificial insemination.
b) Who is deemed to be the father of these cases?
15. a) Explain how In Vitro fertilisation (IVF) works.
b) Why is there a need for law reform in Australia regarding the use
of a dead person’s sperm?
16. a) Who in our law are the parents of an IVF baby?
b) What are some of the moral and ethical issues that I.V.F. raises? P.242.bot.
17.a) What is surrogate motherhood?
b) What decisions and actions were taken in the 1988 U.S. case of Baby M?
c) What is the NSW law and practice regarding surrogacy?
d) Make some brief notes on the issues and complexity that surrogacy raises.
18. If you were an ex-nuptial child and you were left out of your fathers will, what
acts could you use to challenge this? P.244 mid.
19. What is meant by ‘Guardianship’?
20. What is ‘Fostering’?
21. What are the stipulations of the 1975 NSW Adoption of Children Act?
22. List some of the criteria for being able to adopt. P.244/5
23. What is a Contract veto?
24. a) Why did the judge award the baby to F in F v L and
Others in 1983?
b) This is a great case! Record some brief details.
25. Under the heading: Problems in Family Relationships,
record the divorce statistics for the US and Australia.
26. From page 246 list 10 causes of problems in marriage
27. (p.247) What is the main problem with domestic
violence?
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28. Record the findings of the 1991 Domestic Violence Committee.
29. Make good notes from the section from Sexual Violence and especially
the Crimes Sexual Assault Act 1981
30. Define incest.
31. Why does domestic violence present particular problems to law makers?
32. a) List 5 or 6 different measures that our government has taken to try and
stop domestic violence.
b) How effective have these measures been?p.247/8
33. a) What was the Wood Royal Commission or inquiry?
b) What law reforms or new laws were created as a result of it’s findings?
c) From pages 247-8 list the different measures that State and Federal
Governments have taken to try and increase the protection and care of children.
34. What are the features and role of the Children’s Court? P.249
35. Write out the first sentence under the heading: Dissolution of Marriage. P250
36. What does the 1857 Divorce Act tell us about the attitude and treatment towards women in England at this
time?
37. Write out the red definitions on page 251.
38. List the main features of the Family Law Act. (P.251)
39. List the amendments made in the 1996 Family Law Reform Act, to
try and encourage alternative dispute resolution instead of using the
Family Court.
40. a) When was the Family Court Established?
b) How has this court changed over time?
c) List the aims of the Family Court. (P.253)
41. List the different courts that deal with some aspect of family law,
and next to each, list its area of responsibility that it looks after.
42. a) Divide your page down the middle. From page 254/5, on the left
of your page list all of the criticism that has been made against the
family court. On the right hand side, list the points Justice Nichols has
raised to defend the court.
b) Do a quick Internet search (eg ‘Search 66’ search engine.)
What have been the most recent reforms/changes to the Family Court?
43. Read the article on Page 255. What are the main issues it raises?
44. What % of divorces need to go before a Judge?
45. What does Section 64(1) of the Family Law Act highlight as being of
paramount importance when making decisions on a family that includes children?
46. Describe the reforms and the ‘Parenting Plan’ used after 1995.
47. How did the Family Law Reform Act change the focus of the law?
Write out and complete these sentences:
48. a) The courts determine maintenance based on….(p.258)
b) The 1986 Cabinet Committee investigation into maintenance
payments found that less than…
c) The 1989 Child Assessment Act changed this situation by….
49. The courts award property in a marriage based on.…(p.259/60)
50. YOU BE THE JUDGE! Explain to a divorcing couple what
will be taken into consideration when assessing their claims. As
well as the factors mentioned on page 259/60 also include their
‘contribution’ during the marriage and the woman’s ‘future needs.’
51. Under the heading: Morality, ethics and commitment to the
law’, explain why you think the Family Law Act was introduced in
1975 and not 10 or 15 years earlier.
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51. Look at the statistics on page 261 of people still not paying
child maintenance. Therefore, how effective do you think the 1988
law reform act was in addressing this issue?
52. How do many parents get away with not complying or paying
maintenance?
53. a) In 1997 what percentage of the population were in de Facto
relationships?
b) What percentage of the 25-35 year old group were in de
Facto relationships?
54. Under the heading: ‘The effectiveness of the law’, list all of the Commission of Enquiry and Law Reform
measures that were introduced to try and protect children.
55. What does the 1975 Family Law Act ‘No Fault Divorce’ clause mean?
56. How effective has the 1988 Child Support Scheme been for encouraging the pay of maintenance?
57. What is the Cross-vesting scheme? (p.262)
58. Record the statistics from page 262 on separations.
59. Record from page 262 five points about the Family Law Act.
60. What are the weaknesses of the 1984 De Facto Relationships Act.
61. Read the section on Law Reform (Starts p.264) Then list some of the recommendations the NSW Law
Reform Commission has made for new laws or law changes.
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