Book Review: Family Law In Australia 7th Edition

By Lisa Young & Geoff Monahan

Published by Lexis Nexis Butterworths

Reviewed by James McNab

This comprehensive 7th edition text is current as at August 2009.  The book has 16 chapters which relate to all areas of family law practice in Australia such as marriage and de facto relationships, financial support of children, and the manner of dealing with violence and abuse.

The text quite rightly alludes to the fact that Family Law and its legislation is a dynamic, fluid and constantly evolving area.

Family Law in Australia looks at the development of Australian family law and analyses many of the reforms that have been made, particularly, since the introduction of the Family Law Act 1975.  It also goes further back in time and looks at the Matrimonial Causes Act 1959 and examines past, present and future reforms and trends.

Importantly, the text evaluates more recent reforms such as the de facto relationship provisions and the statutory recognition of shared parental responsibilities and looks at possible future directions concerning those types of reforms.  It also looks at and analyses some major cases which impact upon the practice of family law such as Goode v Goode [2006] Fam CA 1346, which discusses the correct principles to be applied in interim parenting orders or decisions.

Another case that Family Law in Australia considers is Magill v Magill (2006) 231 ALR 277 wherein the High Court rejected the use of the tort of deceit to recover money paid for the support of children.

Of particular note in the text is its in-depth analysis of the major changes to the child support scheme.  The authors’ detailed consideration of the history of this often referred to as “controversial” scheme provides a balanced analysis of all the facets of child support.

Of increasing relevance to our modern society, Family Law in Australia covers the often controversial and emotive subjects of research using human genetic and reproductive technology material.  Until recent years, this area of dynamic medical science and research has been relatively unregulated.  The book looks at several cases considering what may be termed “the status” of genetic material.  It also discusses some of the legislation that has been passed at a State and Commonwealth level in this regard.

The text is written in a way to make it a relatively easy read and has been able to analyse some quite difficult and extensive cases quite simply.

The book in the writer’s opinion is an authoritative text comprising of some 826 pages and would be of value to any practitioner’s or student’s library.  The publisher’s price of $148.00 represents excellent value for money for this invaluable, scholarly resource.

Footnotes

1. Lisa Young is a solicitor of the Supreme Court of Western Australia and the High Court of Australia and is also an Associate Professor of the School of Law of Murdoch University in Perth.
2. Geoff Monahan is a Federal Magistrate.
3. The publisher’s web page for the book may be found here.