Law reform as personalities, politics and pragmatics - the family provision Act 1982 (NSW) : a case study | Macquarie University ResearchOnline

Home

List Of Titles

Law reform as personalities, politics and pragmatics - the family provision Act 1982 (NSW) : a case study

Please use this identifier to cite or link to this item: http://hdl.handle.net/1959.14/22838

253 Visitors

331 Hits

72 Downloads

File	Description	Size	Format
DS01	Publisher version (open access)	237 KB	Adobe Acrobat PDF	View/Open

Title: Law reform as personalities, politics and pragmatics - the family provision Act 1982 (NSW) : a case study
Related: Legal history, Vol. 11, Issue 1, p.1-30
Related: http://www.law.mq.edu.au/html/AJLH/vol11/1_01Croucher.pdf
Publisher: Macquarie University
Date: 2007
Author/Creator: Croucher, Rosalind
Description: Legislation which empowers a court to override a will is an expression of the balance between rights of individuals with respect to property and a checking mechanism in favour, broadly, of ‘family’. The process through which the Testator’s Family Maintenance Act 1916 (NSW) became the Family Provision Act 1982 (NSW) provides a fascinating case study of the process of institutional law reform; one in which the shifting philosophy of property concepts within families was expressed through the day-by-day exercise of getting law changed. Where the Testator's Family Maintenance Act 1916 had been introduced entirely through the legislative processes of Parliament, the Family Provision Act 1982, which superseded it, was the product of the work of the New South Wales Law Reform Commission, and later, in the implementation of the Law Reform Commission's Report, Parliamentary Counsel. This article considers the process that led to the passage of the 1982 Act and reveals how personal the pragmatic process of law reform can be.
Description: 30 page(s)
Subject Keyword: Legal history. Succession. Testamentary freedom. Law Reform
Subject Keyword: legal
Subject Keyword: law reform
Resource Type: Legal History Collection
Resource Type: journal article
Organisation: Macquarie University. Dept. of Law

Identifier: http://hdl.handle.net/1959.14/22838
Identifier: ISSN:1833-7155
Identifier: mq-rm-2007001546
Language: eng
Rights: Publisher version archived with the permission of the Dean, Division of Law, Macquarie University, NSW, Australia. This copy is available for individual, non-commercial use. Permission to reprint/republish this version for other uses must be obtained from the publisher.
Full Text
Reviewed

Macquarie University ResearchOnline

Search

Browse

Highlights

Resources