Chapter 2 of the Consultation Paper describes the constitutional context for family law in Australia—including a discussion of the Commonwealth’s constitutional powers in this area and the referral of powers from the states—as well as relevant international instruments that provide a backdrop for Australian family law today. The chapter also considers the range of different courts—both state and federal—that are involved in adjudicating on family violence and related matters.

Chapter 2 is intended to provide general background information and does not contain any questions or proposals.