’The devil will be in the detail’ - the ALRC recommendations for reform with Amy Jenkins (lawyer)

In this interview with Amy Jenkins (partner and national head of family law at newly merged firm Russell Kennedy Aitken) we discuss and evaluate the proposed reforms in the ALRC report, including, the following proposals:

• for presumption of equal contributions during the relationship.
• presumption that superannuation accumulated during the relationship should be equally divided.
• relevant date to ascertain the value of assets to be changed to the date of separation.
• personal costs orders against lawyers.
• requirement for compulsory mediation prior to filing Court proceedings in not just parenting but also property matters.
• returning family law matters to the States.
• Arbitration in parenting matters, and family violence.
• Amy also discussed her own views about the need for greater consistency in Court, and also:
• Family violence and how proceedings can in some situations be used by perpetrators to perpetuate control.
• Self represented litigants.
• Costs.