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A Federation of cultures? Innovative approaches to multicultural accommodation. This project examines how state and federal governments can better protect and support the values, beliefs and cultural practices of different cultural and religious groups, especially in matters concerning family life, community identity and freedom of conscience, within a framework of respect for human rights.
Post-separation parenting and financial settlements: the long-term financial impacts of shared care. This proposal's focus on financial and parenting arrangements over time is both important and timely given increasing focus on shared post-separation parenting in Australia and internationally. By considering the impact of changes in shared care over time on financial decisions made at separation (especially property division), this proposal will establish how to embody in financial arrangements ....Post-separation parenting and financial settlements: the long-term financial impacts of shared care. This proposal's focus on financial and parenting arrangements over time is both important and timely given increasing focus on shared post-separation parenting in Australia and internationally. By considering the impact of changes in shared care over time on financial decisions made at separation (especially property division), this proposal will establish how to embody in financial arrangements the long-term changes associated with shared parenting. This will enable us to empower separating couples, their advisers and courts to make financial settlements which reduce the potentially adverse financial and social impacts of post-separation financial arrangements on children, carers, and our social security system.Read moreRead less
The socio-legal implications of donor linking. This project aims to understand the impact of donor linking on individual and familial identities and relationships, and the consequences of the growing prevalence of non-statutory linking, such as direct-to-consumer genetic testing and online technologies, for formal regulatory frameworks. Donor linking is the process by which donor-conceived people, donors, and recipient parents access each other's identifying information. Australia is a world lea ....The socio-legal implications of donor linking. This project aims to understand the impact of donor linking on individual and familial identities and relationships, and the consequences of the growing prevalence of non-statutory linking, such as direct-to-consumer genetic testing and online technologies, for formal regulatory frameworks. Donor linking is the process by which donor-conceived people, donors, and recipient parents access each other's identifying information. Australia is a world leader in statutory linking, but reform has not been matched by equivalent levels of research on the consequences of the practice. This project will constitute an evidence-based platform from which donor-linking law, policy and services can develop domestically and overseas.Read moreRead less
Enhancing Reproductive Opportunity in Australia: Reconsidering Consent, Altruism and the Legal Status of Embryos in ART Processes. This project meets the national research priority of a healthy start to life by enhancing reproductive opportunity while safeguarding the rights and interests of all involved in reproduction with donor gametes. This research will create significant national benefits in the form of an up to date, practical and coherent platform for the reform of all aspects of embryo ....Enhancing Reproductive Opportunity in Australia: Reconsidering Consent, Altruism and the Legal Status of Embryos in ART Processes. This project meets the national research priority of a healthy start to life by enhancing reproductive opportunity while safeguarding the rights and interests of all involved in reproduction with donor gametes. This research will create significant national benefits in the form of an up to date, practical and coherent platform for the reform of all aspects of embryo and gamete donation and embryo disputes. We propose a pro-active consultative model that centres the needs and experiences of gamete and embryo donors and recipients. Our research will inform current and future modes of regulation of gamete and embryo donation and dispute resolution, including legislation, ethics guidelines and codes of practice.Read moreRead less
Regulating Relations: Forming Families Inside and Outside of Law's Reach. Australia is wrestling with the complex challenges posed by the increase in cross-border reproductive care. This project asks: what are the causes and consequences of Australians being excluded from, or choosing to evade, regulated assisted reproductive treatment? The research aims to identify barriers to the pathways to licensed assisted reproductive treatment and motivations for evasion of regulation. It entails a series ....Regulating Relations: Forming Families Inside and Outside of Law's Reach. Australia is wrestling with the complex challenges posed by the increase in cross-border reproductive care. This project asks: what are the causes and consequences of Australians being excluded from, or choosing to evade, regulated assisted reproductive treatment? The research aims to identify barriers to the pathways to licensed assisted reproductive treatment and motivations for evasion of regulation. It entails a series of interlinked case studies reflecting the life-cycle of family formation in assisted conception. The aim is to develop solutions for more responsive legal frameworks that encourage beneficial clinical and ethical practices and contain harmful ones through inclusion rather than exclusion.Read moreRead less
The Experiences of Parents and Children After Family Court Decisions About Relocation. This research will contribute to the improvement of decision-making about children in the family law system. It will enable an assessment of judicial decisions about whether a parent can relocate with children. It will make a unique contribution by gathering information from children and their parents about the effects of these decisions. The analysis will help parents, law-makers and judges to make better d ....The Experiences of Parents and Children After Family Court Decisions About Relocation. This research will contribute to the improvement of decision-making about children in the family law system. It will enable an assessment of judicial decisions about whether a parent can relocate with children. It will make a unique contribution by gathering information from children and their parents about the effects of these decisions. The analysis will help parents, law-makers and judges to make better decisions in this important and controversial area. This will have benefits for the happiness, health and prosperity of children and their parents. Better decision-making will also reduce the costs to government of family breakdown. Read moreRead less
WHY CONTACT ORDERS FAIL: ASSUMPTIONS AND REALITY. This project addresses the growing problem of Family Court litigation to enforce orders for parent-child contact after separation. Recent policy responses to this significant problem have been based on assumptions and anecdotal evidence about why parents fail to comply with contact orders. As the first empirical study of the issue, the project's central aim is to analyse data collected from Family Court files to obtain a clear understanding of th ....WHY CONTACT ORDERS FAIL: ASSUMPTIONS AND REALITY. This project addresses the growing problem of Family Court litigation to enforce orders for parent-child contact after separation. Recent policy responses to this significant problem have been based on assumptions and anecdotal evidence about why parents fail to comply with contact orders. As the first empirical study of the issue, the project's central aim is to analyse data collected from Family Court files to obtain a clear understanding of the causes and effectiveness of enforcement proceedings. The research findings will provide a sound basis for assessing the current approach to contraventions of contact orders, and for designing any necessary reforms.Read moreRead less
Post-separation co-parenting apps: Can they help families avoid conflict? This project aims to examine the role and effectiveness of smartphone apps in supporting families to respond to the many challenges of post-separation co-parenting. In an increasingly digital landscape where poor app choices can have serious consequences for families, this knowledge is urgently needed by parents and family law practitioners. This project expects to deliver a comprehensive understanding of the benefits and ....Post-separation co-parenting apps: Can they help families avoid conflict? This project aims to examine the role and effectiveness of smartphone apps in supporting families to respond to the many challenges of post-separation co-parenting. In an increasingly digital landscape where poor app choices can have serious consequences for families, this knowledge is urgently needed by parents and family law practitioners. This project expects to deliver a comprehensive understanding of the benefits and risks of digital divorce apps. Expected outcomes include the first web-based decision-making tool to help separated parents make important decisions about managing post-separation communication. This should provide significant benefits, including a reduced risk of parental conflict and better outcomes for children.Read moreRead less
Superannuation and divorce in Australia: an evaluation of post-reform legal practice and property settlement outcomes. The project evaluates the impact of the new Family Law Legislation Amendment (Superannunation) Act 2001, which includes superannuation as property that can be split between the parties. It investigates the ways in which the Courts, legal advisers and divorcing parties take superannuation into account when marriages end. This research assumes, on the basis of previous studies, th ....Superannuation and divorce in Australia: an evaluation of post-reform legal practice and property settlement outcomes. The project evaluates the impact of the new Family Law Legislation Amendment (Superannunation) Act 2001, which includes superannuation as property that can be split between the parties. It investigates the ways in which the Courts, legal advisers and divorcing parties take superannuation into account when marriages end. This research assumes, on the basis of previous studies, that these groups will have difficulties applying this reform in practice, and that various procedural, social and financial factors may limit the broad application of this reform. This research is crucial to ensure that the reform results in improved financial security during retirement - especially for women.Read moreRead less
How Much is it Worth? Legal Discourses and Everyday Understandings of Families, Work and Property. This project will analyse the extent of congruence between the legal discourses and everyday understandings of the contributions made by partners in married and unmarried relationships that form the basis for property division when relationships end. Its claim to innovation lies in its interdisciplinary approach, positioning such understandings within their wider historical and cultural contexts. T ....How Much is it Worth? Legal Discourses and Everyday Understandings of Families, Work and Property. This project will analyse the extent of congruence between the legal discourses and everyday understandings of the contributions made by partners in married and unmarried relationships that form the basis for property division when relationships end. Its claim to innovation lies in its interdisciplinary approach, positioning such understandings within their wider historical and cultural contexts. The project's findings will inform the ongoing and divisive debates between the court, the media and consumers about the justice of such distributions in Australia, providing a basis for design of laws that better meet the needs of the diverse range of Australian families. Read moreRead less