Third parties in family law

This note briefly examines some important and complex changes to family property law that are either enacted but have not commenced, or are in Bill form as at the time of writing. This package of legislation has the potential to dramatically change family law in Australia and has wide impacts on the commercial world. The legislative package includes: 1. Family Law Amendment Act 2003 (the 2003 Amendment); 2. Family Law Amendment Bill 2004 (FLAB 2004); 3. Bankruptcy Legislation Amendment (Anti-avoidance and other measures) Bill 2004 (BLAB 2004). In each case, the focus of this note is how the role of third parties (ie. parties other than the parties to the marriage) will change in family law property proceedings. In short, third parties would play a much more significant role in proceedings and, as a result of this, a wider range of remedies will be available, though cases will become more complex and outcomes less certain.