Legal principles in relation to parenting and property
124 The Family Law Act governs how decisions in family disputes over parenting and property matters will be made. In this section, the ALRC asks what changes might be made to the legislative provisions governing decisions about children’s care arrangements and the court’s welfare jurisdiction. It also asks whether and how the law in relation …
Publications
Read moreLegal principles in relation to parenting and property
Question 14 What changes to the provisions in Part VII of the Family Law Act could be made to produce the best outcomes for children?Question 15 What changes could be made to the definition of family violence, or other provisions regarding family violence, in the Family Law Act to better support decision making …
Publications
Read more20. Property Rights—Real Property
Download Ch 20. Property Rights – Real Property (PDF).
Publications
Read moreJustifications for limits on real property rights
20.70 Arguably, there are a number of laws that interfere with real property rights. Whether such an interference is justified may be assessed by applying a structured proportionality analysis, of the sort widely used in international law, in countries with bills of rights and human rights Acts and by the Australian Parliamentary Joint Committee on …
Publications
Read moreLaws that interfere with real property rights
20.96 A range of Commonwealth laws may be characterised as interfering with vested property rights—whether or not this interference may be considered justified.20.97 The Lands Acquisition Act 1989 (Cth) is the key piece of legislation concerning Commonwealth acquisition of land. With some exceptions, the Commonwealth can only acquire an interest in land[178] in accordance with …
Publications
Read moreLaws that interfere with property rights
19.3 A wide range of Commonwealth laws may be seen as interfering with personal property rights. Grouped into areas, provisions affecting personal property are considered below under the following headings: banking laws;taxation;personal property securities;intellectual property;protection of cultural objects; and search and seizure provisions.19.4 These laws are summarised below. Some of the justifications that have been …
Publications
Read moreThe common law and private property
18.4 Blackstone observed, in 1773, that the ‘right of property’ was a deeply rooted idea.[5] In the national consultation on ‘Rights and Responsibilities’, conducted by the Australian Human Rights Commission (AHRC) in 2014, the recognition and protection of ‘property rights’ was one of the four areas identified as being of key concern.[6]18.5 Almost a century …
Publications
Read moreDefinitions of property
What is ‘property’?18.15 The idea of property is multi-faceted. The term ‘property’ is commonly used to describe types of property, both real and personal. ‘Real’ property encompasses interests in land and fixtures or structures upon the land. ‘Personal’ property encompasses tangible or ‘corporeal’ things—chattels or goods, like a car or a table. It also includes …
Publications
Read more