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The Intersection of Private Family Law and Non-Federal Claims: An Examination of the Family Court of Australia’s Accrued Jurisdiction
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posted on 02.01.2019, 07:30by DANIEL MATTA
This thesis undertakes an examination of accrued jurisdiction as it has been applied in the Family Court of Australia (`Family Court'). In appropriate cases, accrued jurisdiction allows a federal court to determine disputes that arise under non-federal law, for example, state law or the common law. The Family Court is often required to consider matters not specifically addressed in the Family Law Act 1975 (Cth) (`FLA'). This thesis examines how this specialist court has grappled with cases exceeding the traditional limits of family law disputes governed by the FLA by examining the history, interpretation and application of accrued jurisdiction