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The perils and pitfalls of formal equality in Australian family law reform Belinda Fehlberg, Lisa Sarmas and Jenny Morgan

By: Fehlberg, Belinda.
Contributor(s): Sarmas, Lisa | Morgan, Jenny.
Material type: materialTypeLabelArticleSeries: Federal Law Review.Publisher: HeinOnline, 2018Subject(s): ACCESS | ECONOMIC ASPECTS | FAMILY LAW | FAMILY VIOLENCE | GENDER EQUALITY | LAW REFORM | WOMEN | AUSTRALIA In: Federal Law Review, 2018, 46: 367-396Summary: In this paper, the authors identify the influence of formal equality - and more specifically, formal gender equality (that is, treating men and women the same) - in central areas of major Australian family law reform over the past 20 years. Given the influence of formal equality and concerns regarding this trend, the authors consider whether equality-based arguments should be abandoned entirely, at least in the family law context, and explore alternative approaches that could reframe the debate. (From the authors' abstract). Record #6072
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Federal Law Review, 2018, 46: 367-396

In this paper, the authors identify the influence of formal equality - and more specifically, formal gender equality (that is, treating men and women the same) - in central areas of major Australian family law reform over the past 20 years. Given the influence of formal equality and concerns regarding this trend, the authors consider whether equality-based arguments should be abandoned entirely, at least in the family law context, and explore alternative approaches that could reframe the debate. (From the authors' abstract). Record #6072