Can any body shed some light on the last senate sitting and what changes were passed...in particular, any references to false allegations ?

I have heard some feedback but would like to know more..

So far the Senate has only passed a bill increasing the juristiction of Magistrates deciding issues under family law. It is a separate bill to the main event effecting level of care and the other items such as false accusation and contravention, which is; the Family Law Amendment (Shared Parental Responsibility) Bill 2005. The bill addressing level of care etc, is currently being considered by the Senate Legal & canstituational Committee. The committee is due to report to the Senate on 27/3/06, which is the next sitting day. The senate will then debate the bill, considering any proposed amendements. The Senate will then vote on either the original bill or as amended. An "aye" vote will send the bill back to the House of Reps, which will then debate the bill. It is expected that the "shared Responsibility" bill will pass the Senate without significant amendment.

thanks oneadad, i was told of senate sitting (supposed 3rd reading) on last thursday but also saw commitee debate on fri, this left me a little confused.

so that would mean the shared parenting bill has not been handed up for accention, and will need to be approached again, is that the way you see it ?

The Senate will cansider thier committee report, hold ther debate, vote, then refer the Family Law Amendment (Shared Parental Responsibility) Bill 2005, back to the House of Reps.

The House of Reps are still to hold their debate on the bill, and then vote. Though their committee report has been done and presented to the House.

While anything is possible, most of what has been happening around the bill is manouvering, a few "interest groups" seeking to water down, prevent or delay the changes. It is unlikely the "interest groups" will succeed, much of the information their position is based upon has been shown to be seriously flawed. The public at large want changes, the goverment want changes, father's want changes, and a lot of mum's want changes.

While it may be cold comfort for many, presently involved in Fam Law cases, the changes look effective. I personally believe that the proposed changes will influence current court decisions to some degree!.

The major change is that Solicitors will not be the only point of contact. Having someone else offering advice, in the first instance, and who's continued funding relies on encouraging "agreement", should influence event's considerably. The stick, for those that seeking to bypass the FRCs is consequenses for False allegations. I'm expecting magistrates will use it, one way or the other.

ok the committe report is due to be handed up by the 27th march (next senate sittings) so i gues they will pass it on to the house of reps from there....

when would you guestimate ...

1. house of reps finishing with it
2. when handed up for accension

i know it is hard to pre-empt, but have a go anyway, we won't hold you to it !!!

oneadad, i am still having trouble with the fact that the senate passed 3rd reading on the 2nd march (hansard) but went on to have senate committe sit on the 3rd march and the report from this committe is to be handed up on the 27th march

i thought process was to have senat committe report hande in before 3rd reading took place, can you or any one enlighten me please

the bill that was considered was; Jurisdiction of Courts (Family Law) Bill 2005 [2006] [The House of Representatives will now consider this bill].

While related to family Law, it is a different bill to the one considering changes in care arrangements

Can anyone shed some light on the specific point of law WRT "false allegations" mentioned in the above forum topic; like most, I am up against such slander in the X's affidavit and wish to pursue the matter with vigour.

Cheers

The first thing to remember is that "Family Law" matters are civil matters, not criminal matter.

The law specifically states (on False allegations)
from

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Quote:

FAMILY LAW ACT 1975 - SECT 117AB Costs where false allegation or statement made (1) This section applies if: (a) proceedings under this Act are brought before a court; and (b) the court is satisfied that a party to the proceedings knowingly made a false allegation or statement in the proceedings. (2) The court must order that party to pay some or all of the costs of another party, or other parties, to the proceedings.

What this means in reality is still subject to some conjecture. One of the key words is "knowingly"