Topic Legislation
CRIME
Nature of - Crimes Amendment
Crime (Computer offences) Act
2001 (NSW)
- Crimes Act 1900 (NSW)
- Copyright Amendment Act
2006 (Cth)
- Crimes Act 1914 (Cth)
- Criminal Code 1995 (Cth)
- Anti-terrorism Act (No 2)
2005 (Cth)
- Drug Misuse and Trafficking manslaughter.
Act 1985 (NSW)
- Summary Offences Act
1988 (NSW)
- Customs Act 1901 (NSW)
- Road and Transport (Safety The accused deliberately dropped slab of concrete from
and Traffic Management)
Act 1999 (NSW)
- 61JA of the Crimes Act
1900 (NSW)
- Aggravated sexual
assault in company 16 year old girls who were waiting for a taxi to the
- Cybercrime Legislation
Amendment Bill 2011 (Cth) detained and sexually assaulted over a period of several
- Council of Europe
- Telecommunications Act
1997 (Cth)
- Telecommunications
(Interception and Access)
Act 1979 (Cth)
Case
- R v Thomas Sam; R v Manju Sam (No. 18) [2009]
NSWSC 1003
mens rea being proved through criminal negligence where
the accused failed to foresee the risk to their child by
rejecting treatment for the child’s medical condition of
eczema
- R v Munter [2009] NSWSC 158
Todd Munter charged with manslaughter after he punched
66 year old Ken Proctor over a dispute regarding water
restrictions. Ken fell to the ground and Munter kicked him
in the mid section. Ken died from a heart attack as a result
of the blows inflicted. Munter’s unlawful assault caused
Ken’s death despite having no intention to kill him, thus
- Boughey v The Queen (1986) 161 CLR 10
A doctor strangled his wife during a sex game. The court
held that there was a substantial or good chance of harm,
that boughey had the knowledge and capacity to know
better and that the act constituted a ‘reckless indifference
to human life’. He was convicted of murder.
- DPP v Newbury and Jones [1977] AC 500
the bridge and the concrete hit and killed a train guard.
This act was held to constitute involuntary manslaughter
because there was no intention to kill or harm anyone.
- R v AEM (Snr); R v KEM; R v MM [2002]
NSWCCA 58
Two brothers and their cousin, who were 19,16 and 16
years old respectively at the time of the crime, lured two
offenders’ home in Villawood. The girls were then forcibly
hours, they were also threatened with knives and verbal
death threats. They originally got 5 - 6 years’
imprisonment each, but got increased to 13 - 14 years’
imprisonment each after the introduction of the new
offence to 61JA of the Crimes Act 1900 (NSW) called
‘aggravated sexual assault in company’.
- R v Rivkin (2003) 198 ALR 400
Rene Rivkin, a well-known Australian entrepreneur,
investor and stockbroker, was found guilty of insider
trading after a long-running investigation, for having
purchased 50 000 shares in Qantas in April 2001. It was
found that Mr Rivkin had been told confidential information
 by a company executive - just hours before he bought the
shares - of an impending merger between Qantas and the
company, Impulse. He got a profit of only $2662.94, and
got convicted and sentenced to nine months of periodic
weekend detention, as well as the revocation of his
stockbroker licence.
- R v Whybrow (1951) 35 CAR 141
A husband connected electricity to the soap dish in the
family bath in order to electrocute his wife. She only
received a shock however and did not die. The court
found him guilty of attempted murder because of his
intention for the act to result in death was clear, despite
the fact that it had failed.
- Riot at Mount Druitt Station
on April 7 2016 at Mount Druitt Station a wild brawl
ensued and spilled onto the surrounding streets. A
molotov cocktail, a knife and a golf club were among the
weapons allegedly used in the violence, which spilled onto
nearby North Parade. 17 people have already been
charged with rioting.
- Van Nguyen
a 25 year old Australian Citizen imported 396.2 grams of
heroin into Singapore in 2002. He was caught at Changi
airport and hanged at Changi prison.

Criminal - Bail Act 1978 (NSW) - Darby v Director of Public Prosecutions [2004]
Investigation - Viewed as complex NSWCA 431
Process and outdated Magistrate in the local court that the actions of the dog in
- Bail Act 2013 (NSW) sniffing so closely and making contact with Darby
- Introduced the constituted an unlawful search. Appealed to the Supreme
unacceptable risk Court, which ruled that the magistrate had erred in the law
test and removed and that the dog’s search was not a search and that the
the presumptions for police officer’s own search was legal because it was
and against bail formed on reasonable grounds - on the basis of the
- Bail Act 2014 (NSW) information conveyed by Rocky’s sniffing.
- Introduced the show - Roberto Curti
cause test Chased by officers and tackled to the ground. Thereafter
- Bail Act 2015 (NSW) he was tasered NINE times even though he couldn’t move
- Introduced because he was face down, handcuffed and being
presumptions restrained by up to 5 police officers whilst under the
against bail for influence of LSD. excessive use of force, recklessness
terrorism offences causing death, arrest without warrant. NO CHARGES
and expanded the LAID against s230 of LEPRA
matters to be - Cory Barker
considered as part Barker was slammed into a bin and a chair, swung into a
of the bail machine and the forced to the ground where he was
assessment in kicked in the head and kneed in the side. excessive use of
section 18 of the act force. arrest without warrant.
- Crimes Act 1900 (NSW)
- Evidence Act 1995 (NSW)
 - Law Enforcement (Powers
and Responsibilities) Act
2002 (NSW) LEPRA
- Part 4 - ‘search
people and seize
and detain things’
- Part 5 -
circumstances in
which a search
warrant can be
used.
- Detention for
questioning
- Terrorism (Police Powers)
Act 2002 (NSW)
Criminal trial - Judiciary Act 1903 (Cth)
process - Local Court Act 2007
(NSW)
- Coroner’s Act 2009 (NSW)
- Children’s Court Act 1987
(NSW)
- District Court Act 1973
(NSW)
- Supreme Court Act 1970
(NSW)
- Legal Aid Commission Act
1979 (NSW)
- Evidence Act 1995 (NSW)
- Jury Act 1977 (NSW)
- Jury Amendment (Verdicts)
Act 2006 (NSW)
Sentencing - Child Protection (Offenders
and registration) Act 2000
Punishment (NSW)
- R v Zecevic (1987) 162 CLR 645
The defendant must have reasonable grounds to believe
their life was threatened and they must use only
‘proportional and reasonable force’ to defend themselves.
Used the complete defence of self-defence/necessity.
- R v Williamson (1972) 2 NSWLR 281
The defendant disposed or a body while under the threat
of death and this threat was held to constitute duress.
Used the complete defence of duress.
- R v Camplin (1978) AC 705
15 year old boy successfully argued provocation after he
hit his uncle with a frying pan and killed him. The uncle
had just sexually assaulted the boy and was mocking him
about the incident. Court held that an ‘ordinary person’ in
the position of the accused would have formed the intent
to kill or inflict grievous bodily harm on the person who
had assaulted them. Used the partial defence of
provocation.
- Dietrich v The Queen (1992) 177 CLR 292
established a limited right to legal representation in
Australia
- Wood v R (2012) NSWCCA 21
Gordon Wood had been convicted of the 1995 murder of
his then girlfriend Caroline Byrne. At the trial, an expert
witness provided testimony that Wood could have caused
the death of his girlfriend by throwing her body off the Gap
at Sydney’s Watson’s Bay. Appealed in February 2012,
after the NCWCCA agreed that his testimony was flawed
and that there was reasonable doubt about his scientific
proof relating to Ms Bryne’s death.
- R v AEM (Snr); R v KEM; R v MM [2002]
NSWCCA 58
Two brothers and their cousin, who were 19,16 and 16
 - Crimes (Administration of
Sentences) Act 1999
(NSW)
- Crimes (Appeal and
Review) Act 2001 (NSW)
- Crimes (Sentencing
Procedure) Act 1999 (NSW)
- Crimes (Serious Sex
Offenders) Act 2006 (NSW)
- Crimes Act 1900 (NSW)
- Crimes Act 1914 (Cth)
- Criminal Assets Recovery
Act 1990 (NSW)
- Migration Act 1958 (Cth)
- Terrorism (Police Powers)
Act 2002 (NSW)
- Victims Rights Act 1996
(NSW)
- Young Offenders Act 1997
(NSW)
Young - Bail Act 1978 (NSW)
Offenders - Children (Criminal
Proceedings) Act 1987
(NSW)
- UN Convention on the
Rights of the Child
- Child Crimes (Sentencing
Procedure) Act 1999 (NSW)
- Law Enforcement (Powers
and Responsibilities) Act
2002 (NSW) LEPRA
- Young Offenders Act 1997
(NSW)
years old respectively at the time of the crime, lured two
16 year old girls who were waiting for a taxi to the
offenders’ home in Villawood. The girls were then forcibly
detained and sexually assaulted over a period of several
hours, they were also threatened with knives and verbal
death threats. They originally got 5 - 6 years’
imprisonment each, but got increased to 13 - 14 years’
imprisonment each after the introduction of the new
offence to 61JA of the Crimes Act 1900 (NSW) called
‘aggravated sexual assault in company’.
- McCartney v R [2009] NSWCCA 244
Appropriate balance of aggravating and mitigating factors
in sentencing. me t the victim at a hotel and later at a
restaurant. He then invited the victim home for drinks. The
victim had repeatedly told the offender that she would not
have sex with him. Both were intoxicated, and when the
victim lay down to sleep, the offender sexually assaulted
her. Aggravating factors included the nature and
seriousness of the offence and particularly the impact on
the victim. Mitigating factors included the fact that the
offender was relatively young, had no criminal history, and
was considered unlikely to reoffend.
- Kable v DPP (1996) 189 CLR 51
The most severe type of preventative detention is
legislation that is targeted at individual offenders. This
type of law was held to be unconstitutional in this High
Court case.
- R v LMW [1999] NSWSC 1343
10 year old was accused of manslaughter after he
dropped 6 year old Corey Davis into the Georges river,
knowing that he could not swim. The boy drowned and,
and the NSW DPP brought a charge of manslaughter
against LMW for his death. doli incapax was used and led
to an acquittal on 2 different occasions despite LMW being
a bully who was capable of malice and deception.
- R v Cortez, CE, ME, IKEA & LT (unreported,
NSWSC, Dowd J, 3 October 2002)
Custody manager’s duty includes informing a young
person that the Legal Aid Hotline is available and giving
them opportunity to ring it.
- R v GDP (1991) 53 A Crim R 112
The offender was 14 years old when he committed serious
criminal damage to property with two of his friends. The
damage included breaking through a window, drilling a
safe, defacing cars, smashing furniture and lighting
dangerous fires that in total added up to $550 000 in
damage.
- R v Pham & Ly (1991) 55 A Crim R 128
The young offenders committed a robbery together –
 breaking into a house and injuring the occupants.The
original judge sentenced both offenders to 12 months on
remand. The case was appealed in The Court of Criminal
Appeal and the sentence was overturned as ‘wholly
inappropriate’ and inadequate. It was ruled that despite
the offenders’ ages, there must be reasonable proportion
between the sentence and the seriousness of the crime
committed with the need to protect the community. The
case was referred for resentencing.

International - War Crimes Act 1945 (Cth) - Bali Nine

Crime - Geneva Conventions Act - Chee Mei Wong
1957 (Cth) - Mao Rhu Zhang
- International Criminal Court - Wei Tang
Act 2002 (Cth) - The Holocaust
- International Criminal Court - 9/11
(Consequential
Amendments) Act 2012
(Cth)
- Australian Federal Police
Act 1979 (Cth)
- Criminal Code Act 1995
(Cth)
- Australian Crime
Commission Act 2002 (Cth)
- Extradition Act 1988 (Cth)
- Rome Statute of the
International Criminal Court
- Convention on the
Prevention and Punishment
of the Crime of Genocide
- Geneva Conventions
- UN Convention Against
Transnational Organised
Crime

HUMAN RIGHTS

Nature and - International Bill of Rights - R v Knowles; ex parte Somersett (1772) 20 State
development - Universal Tr 1
of Human Declaration of The judge, Lord Mansfield, held that slavery was no longer
Rights Human Rights legal in England – but this did not affect slavery elsewhere
(1948) UDHR in the British Empire.
- International - United States v Libellants and Claimants of the
Covenant on Civil Schooner Amistad 40 U.S. (15 Pet.) 518 (1841)
and Political Rights This case was fought in the north-eastern US state of
(1966) ICCPR Connecticut. The central issue was the fate of a group of
- International slaves who mutinied on the ship La Amistad against slave-
Covenant on traders who had kidnapped them from Africa in order to
Economic, Social sell them in the southern United States. The US Supreme
 and Cultural Rights
(1966) ICESCR
- Slave Trade Act 1807
(Great Britain)
- Slavery Abolition Act 1833
(Great Britain)
- Charter of the United
Nations (1945)
- The Constitution of the
United States of America
1787 (USA)
- General Act of Brussels
(1890)
- Trade Unions Act 1871
(UK)
- Representation of the
People Act 1918 (UK)
- Education Act 1870 (UK)
- Public Instruction Act 1880
(NSW)
- UN Declaration of the
Rights of Indigenous
Peoples (2007)
- African Charter on Human
and People’s Rights (1981)
- American Convention on
Human Rights (1988)
- Stockholm Declaration
(1972)
- Rio Declaration (1992)
- Kyoto Protocol (1997)
- Treaty of Versailles (1919)
- Declaration on the Right of
Peoples to Peace (1984)
Promoting - International Bill of Rights
and enforcing - Universal
human rights Declaration of
Human Rights
(1948)
- International
Convention on Civil
and Political Rights
(ICCPR) (1966)
- International
Convention on
Economic, Social
and Cultural Rights
Court was given the task of deciding whether the Africans
should be freed or sent back into slavery. John Quincy
Adams, former US President, acted as the slaves’ defence
lawyer and argued for their freedom.
- Chee Mei Wong (2013)
Chee Mei Wong was convicted of conducting a business
involving sexual servitude (s270.6 of the Criminal Code)
and offences of allowing non-citizens to work in breach of
their visa requirements (s245C of Migration Act) on 27
March 2013. She recruited six women from Malaysia for
the purpose of working at a brothel, of course they weren’t
told that they would work in a brothel, they were promised
a job or an education, and when they got here on student
visas, Wong said that they had to repay a debt of $5000,
this is called debt bondage.
- Wei Tang (2009)
Wei Tang was charged with five counts of possessing a
slave and five counts of intentionally exercising over a
slave, the power attaching to the right of ownership
namely the power to use, contrary to s270.3(1)(a) of the
Criminal Code.
- Roach v Electoral Commissioner [2007] HCA 43
Right of prisoners to vote
- Mabo v Queensland (No. 2) (1992) 175 CLR 1
Native title, self determination
- Tasmanian Dams Case
- Lange v Australian Broadcasting Corporation 1997
constitutional right to freedom of political communication
- Croome v Tasmania 1997
Decriminalisation of homosexuality
- ABC v Lenah Games Meats Pty Ltd 2001
Right to privacy
- Toonen v Australia (1994)
Right to privacy, homosexual couple
- Toonen v Australia, CCPR/C/50/D/488/1992, UN
Human Rights Committee (HRC) 4 April 1994
The case revolved around a complaint by Toonen that
existing Tasmanian laws that criminalised consensual sex
between adult males were in violation of his human right
to privacy. This right is protected under Article 12 of the
UDHR and Article 17 of the ICCPR. The complaint also
claimed discrimination on the basis of sexual activity and
orientation, and that homosexual men were unequal
before Tasmanian law, in violation of Articles 2 and 7 of
the UDHR and Article 26 of the ICCPR.
- Croome v Tasmania (1997) 191 CLR 119
The federal government was forced to enact the Human
 (ICESCR) (1966)
- Human Rights (Sexual
Conduct) Act 1994 (Cth)
- International Criminal Court
Act 2002 (Cth)
- International Criminal Court
(Consequential
Amendments) Act 2002
(Cth)
- Racial Discrimination Act
1975 (Cth)
- Sex Discrimination Act 1984
(Cth)
- Australian Human Rights
Commission Act 1986 (Cth)
- Disability Discrimination Act
1992 (Cth)
- Age Discrimination Act
2004 (Cth)
- Anti-Discrimination Act
1977 (NSW)
Contemporar - s270.3(1)(a) Criminal Code
y Issue - - s245C Migration Act
Human - Crimes Legislation
Rights (Sexual Conduct) Act 1994 (Cth), which legalised
consenting sexual activity between adults throughout
Australia. Tasmania still refused to repeal its law, and in
1997 Tasmanian rights campaigner Rodney Croome took
the matter to the High Court of Australia (Croome v
Tasmania (1997) 191 CLR 119), where the law was
deemed illegal as it was now inconsistent with both the
ICCPR and Australian law. Tasmania had no option but to
abolish its law and decriminalise homosexuality.
- Lange v Australian Broadcasting Corporation
(1997) 189 CLR 520
held that the Constitution contains an implied right to
freedom of political communication, a type of freedom of
speech.
- ABC v Lenah Game Meats Pty Ltd [2001] HCA 63
the High Court suggested the possibility of a tort for
invasion of privacy.
- Giller v Procopets [2008] VSCA 236
case, privacy was breached by the defendant, who was
the plaintiff’s partner, after he unlawfully shared a private
sexual videotape of her to her friends, family and
employer. The High Court has yet to determine whether or
not this right of privacy applies in the common law
Australia-wide.
- Roach v Electoral Commissioner [2007] HCA 43
the High Court upheld the constitutional right of all people
to vote,including prisoners
- Mabo v Queensland (No. 2) (1992) 175 CLR 1
is one of the most important cases in Australian law
and involved recognition for the first time of Australia’s
Indigenous peoples’ right to title in their traditional land.
This principle became known as ‘native title’.
- Legal Consequences of the Construction of a Wall
in the Occupied Palestinian Territory (Advisory
Opinion) International Court of Justice, 9 July 2004
ICJ issued an important, though controversial, advisory
opinion that the Israeli West Bank barrier – a 700
kilometre wall partitioning the Palestinian-occupied West
Bank from Israeli territory – was contrary to international
law and encroached on disputed territory.
- Australian Crime Commission v Louise Stoddart
and Anor [2011] HCA 47
the High Court found that spouses had no right to silence.
This overturned a presumption that has existed for
hundreds of years and that protected the privacy of
communication within a marriage.
- Mao Ru Zhang
Mao Ru Zhang was arrested and charged with two counts
of sexual servitude and two counts of debt bondage for
Trafficking Amendment (Slavery,
and Slavery Slavery-like Conditions and
People Trafficking) Act
2013
FAMILY
Nature of - Family Law Act 1975 (Cth)
Family Law - Marriage Act 1961 (Cth)
- Property (Relationships) Act
Responses to 1984 (Cth)
problems in - Status of Children Act 1996
family (Cth)
relationships - Children and Young
Persons (Care and
Protection) Act 1998 (NSW)
- Children (Protection and
Parental Responsibility) Act
1997 (NSW)
- Adoption Act 2000 (NSW)
- Young Offenders Act 1997
(NSW)
- Crimes Act 1900 (NSW)
- Crimes (Domestic and
Personal Violence) Act
2007 (NSW)
- Bail Act 1978 (NSW)
- Succession Act 2006
(NSW)
- Anti-Discrimination Act
1977 (NSW)
- Child Support (Registration
and Collection) Act 1988
(Cth)
Reforms
- Family Law Reform Act
1995 (Cth)
- Family Law Amendment
allegedly forcing two Chinese women into prostitution after
they travelled to Australia under the false pretence that
they were to further their studies. She was charged with 2
counts of sexual servitude, but these charges were
discontinued.
- Wei Tang 2009
Wei Tang was charged with five counts of possessing a
slave and five counts of intentionally exercising over a
slave, the power attaching to the right of ownership
namely the power to use.
- Chee Mei Wong
convicted of conducting a business involving sexual
servitude (s270.6 of the Criminal Code) and offences of
allowing non-citizens to work in breach of their visa
requirements (s245C of Migration Act) on 27 March 2013.
- Hyde v Hyde and Woodmansee (1866) LR 1 P&D
130
marriage is the ‘voluntary union for life of one man and
one woman, to the exclusion of all others’
- Di Mento v Visalli (1973) 1 ALR 352
Di Mento was kidnapped by Visalli, who repeatedly asked
her to marry him, to no success. Di Mento’s father told her
that he would shoot her if she did not marry Visalli. Di
Mento emigrated to Australia and sought to have
the marriage annulled on the grounds that she did not
voluntarily give her consent.
- B v J (1996) 21 FamLR 212
the father refused to pay maintenance, arguing that the
child was not his child and that maintenance was the
responsibility of the sperm donor because the donor’s
name appeared on the child’s birth certificate.
- C and M [2006] FamCA 212
couple married and separated. Finances were split
between them during their marriage, Husband’s income
for mortgage, wife’s for everyday expenses. The court in
the first instance found that both parties had contributed
equally to one another’s debt. The husband was ordered
to pay half his wife’s debt, but was awarded 92.5 per
cent of the assets. No adjustment under section 75(2) of
the Family Law Act 1975 (Cth) had been made for the
husband’s higher income or greater earning capacity. On
appeal, it was held that the method of calculation of the
parties’ assets and liabilities effectively left the wife with
only 3.8 per cent of the net assets. The court ordered that
the wife’s share of the ‘asset’ (the land and house) should
reflect her financial contributions to the mortgage
 (De Facto Financial Matters
and Other Measures) Act
2008 (Cth)
- Family Law Amendment
(Shared Parental
Responsibility) Act 2006
(Cth)
- Family Law Amendment
(Family Violence and Other
Measures) Act 2011 (Cth)
- Same Sex Relationships
(Equal Treatment in
Commonwealth Laws -
General Law Reform) Act
2008 (Cth)
- Miscellaneous Acts
Amendment (Same-Sex
Relationships) Act 2008
(NSW)
- Succession Amendment
(Family Provision) Act 2008
(NSW)
- Succession Amendment
(Intestacy) Act 2009 (NSW)
Contemporar Family Law Amendment (De Facto
y Issue: Financial Matters and Other
Same Sex Measures) Act 2008 (Cth)
- separating de facto
homosexual couples are
able to bring property and
maintenance matters to the
Family Court or Federal
Magistrates’ Court
Health Insurance Act 1973 (Cth)
- in 2008, allowed same-sex
couples and their children to
register as a family for
Medicare and have the
same entitlements initiated
through the Hope/Brown v
NIB Health Fund.
Same Sex Relationships (Equal
Treatment in Commonwealth Laws
- General Law Reform) Act 2008
(Cth)
- Eliminated discrimination in
areas of medicine, social
repayments (assessed at 20 per cent of the total assets).
- Re Michael: Surrogacy Arrangements [2009]
FamCA 691
The commissioning parents were attempting to apply to
the Family Court to adopt the child under section 60G of
the Family Law Act 1975 (Cth). The essential question
was, ‘Who are the parents of a child born as a result of a
surrogacy agreement?’ In this case, the two biological
parents (Sharon and Paul) sought an order to adopt their
child after the surrogate mother (Lauren) had given birth to
Michael.
- Rosie Batty
Despite years of suffering physical and emotional violence
at his hands, Rosie Batty did everything she could to
ensure Luke could see his father. At the time of Luke’s
death, Greg Anderson was facing 11 criminal charges,
and was subject to four unexecuted arrest warrants.
Anderson was granted access to Luke in public when he
was playing sport and it was at Tyabb cricket ground in
Melbourne, where he murdered Luke at cricket practice. In
the coronial inquest, police officers, child protection
services and Batty stated that they never believed that
Anderson would harm Luke, as although he had a history
of violence against Batty, he was not violent toward his
son.
- Hope and Brown v NIB Health Fund LTD 1995
- The complainants were in a homosexual
relationship. They lived together with Hope's young
son William. Hope and Brown had joint bank
accounts, joint ownership of a motor vehicle and a
joint mortgage. NIB refused to allow Brown, Hope
and Hope's son to have joint health cover under a
'family' or 'concessional' rate.
- Andrew Hope and William Brown successfully
argued that NIB had discriminated against them on
the basis of their sexual orientation.
- the NSW Equal Opportunity Tribunal recognized
the right of gay couples to family health insurance.
NIB claimed they did not fit their description as a
family so Hope and Brown had claimed
discrimination as a result to no access to health
insurance.
- Brought about changes to the Health Insurance Act
1973 (Cth) in 2008 allowing same-sex couples to
register as a family for medicare.
 security, child support, etc
Same-sex relationships Law
Reform Package 2008
- Removed discrimination
against same-sex de facto
couples and their families in
areas such as taxation,
superannuation, social
security and family
assistance, the
Pharmaceutical Benefits
Scheme Safety Net and the
Medicare Safety Net, aged
care, veteran’s entitlements,
immigration, citizenship and
child support and family
law.
Contemporar - s16B of the Family Law Act
y Issue: - Family Law Act 1975
Parental - Family Law Reform Act
Responsibility 1995 (Cth)
- Family Amendment (Shared
Parental Responsibility) Act
2006
- Family Law Amendment
(Family Violence and Other
Measures) Act 2011
- Jayson Dalton
4 Corners report ‘Losing the Children’. Dalton had
breached his ADVOs in the escalating violence against his
wife, and their marriage broke down. Despite this history,
he received shared custody of his children and later killed
them and himself.
- Keisha Abrahams-Weippeart / R v Abrahams
[2013]
On 1 August 2010, Kristi Abrahams, Keisha’s mother
contacted police to say that her daughter had gone
missing. A large scale search took place and Kristi and
her de facto partner Mr Smith consistently told police they
had no knowledge of, or involvement in her
disappearance. On 21 April 2011 the remains of Keisha
were found at a gravesite not far from where the family
lived. Her remains had been partially burnt prior to her
burial. The response of the community to this incident
turned the spotlight on the Department of Family and
Community’s failure to fulfil their role in keeping Kiesha
safe from her mother and stepfather. Abrahams was
sentenced to 22 years and 6 months. The public outcry
following Kiesha’s death was widespread and promoted
what it means to be a parent enacting your parental duties
to your child.
- Tanilla Opal Warrick-Deaves
In 2011, Warren Ross was found guilty last year of
murdering his girlfriend’s daughter Tanilla Warrick-Deaves
on the NSW central coast. Tanilla’s mother, Donna
 Deaves, pleaded guilty to manslaughter and was last year
sentenced to 12 years in jail with a non-parole period of
nine years. During her trial, the judge told the court
Tanilla’s death could have been prevented if community
services and family members had intervened.

Contemporar - Status of Children Act 1996
y Issue: (NSW)
Surrogacy - Assisted Reproductive
and Birth Technologies Act 2007
Tech (NSW)
- Miscellaneous Amendment
(Same-sex relationships)
Act 2008
- Prohibition of Human
Cloning for Reproduction
and Regulation of Human
Embryo Research
Amendment Act 2006 (Cth)
- Surrogacy Act 2010 (NSW)
- Re Patrick (2002) 28 Fam 579, 645
Homosexual man donated his sperm to a lesbian couple
who subsequently gave birth to a child. The man who was
the donor, though that he would be present at the birth
and that he would have twice-weekly contract with the
child. The case was determined by the FLC, which
declared that a sperm donor is not the parent but however
the man was granted regular contact with the child
anyway.
- R v Evelyn 15th May 1998
Mr and Mrs Q arranged for their friend Ms S to become a
surrogate mother. Ms S was inseminated with the sperm
of Mr Q. There was no exchange of money and Evelyn
was handed over to Mr and Ms Q as agreed. However,
seven months after the birth of, Ms S travelled to the Q’s
home and removed the baby. 1997 a decision was
handed down, the FLC found that surrogate baby of the Q
couple should returned to its birth mother Court made the
ruling for the best interest of the child.

Contemporar
y Issue: Care
and
Protection of
Children

CONSUMERS

Nature of
Consumer
Law

Consumer
Redress and
remedies

Contemporar
y Issue:
Credit

Contemporar
y Issue:
product
certification

Contemporar
y Issue:
Marketing
Innovations

Contemporar
y Issue:
Technology