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The Australian National University

The Perils and Pitfalls of Formal Equality in Australian Family Law Reform

Belinda Fehlberg, Lisa Sarmas and Jenny Morgan (2018) 46 (3)

In this paper, we identify the influence of formal equality—and more specifically, formal gender equality (that is, treating men and women the same)—in central areas of major Australian family law reform over the past 20 years. Given the influence of formal equality and our concerns regarding this trend, we consider whether equality-based arguments should be abandoned entirely, at least in the family law context, and explore alternative approaches that could reframe the debate.

Vol 46, Issue 3, 2018

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