Abstract
This article considers whether the Family Law Amendment Act 2024 is likely to achieve the Australian government’s stated reform goals. These goals include: codifying the common law so as to make property law clearer and thus more accessible for unrepresented litigants and those bargaining outside of the court; ensuring family violence is factored into all aspects of family law financial disputes; and placing more emphasis on children’s post-separation housing needs. The article provides an examination of the key changes to the Family Law Act 1975 that relate to property disputes between separated couples (married and cohabiting) against the backdrop of the existing case law. The article concludes that, while there are some positive aspects to the reforms (not least in the area of family violence), overall clarity has not been achieved. It is argued there is now uncertainty as to how various provisions will operate and the extent to which common law principles have been codified and it is difficult to see how this will improve access to justice for the target groups.
