LAW4177 Study Guide - Final Guide: Conclusive Presumption, Marriageable Age, Aust
Document Summary
Constitutional & jurisdictional issues of the family court. The commonwealth was given the power to make laws regarding marriage, divorce and matrimonial causes to provide uniformity across the federation. Russell v russell; farrelly v farrelly (1976): affirmed a-g vic v cth but were unsure if went as far as fla. The scope of the power was to include the biological children of the parties to the marriage. Dowal v murray (1978): hc upheld validity of the provision on basis that it was a matter sufficiently related to the marriage because original custody decision re: father and mother had arisen out of the marital relationship. The hc recognised the grandparents as a party that would fall within the scope of the marriage/divorce power as they stood in the place of their deceased daughter and therefore fell within the scope of the marriage.
