Abstract
As the work of feminist legal scholars has convincingly demonstrated, gendered assumptions underpin much of our law, including areas such as tort, property, tax or company law, where women are not so readily apparent.! As the field of law that most overtly involves women, and deals extensively with relationships between women and men, family law shares, perhaps only with the law of sexual assault, the high visibility of women as parties or participants. It is therefore particularly susceptible to a gender analysis. However, any such analysis must take place against the background of the Family Law Act 1975 (Cth), legislation written in a gender-neutral fashion, though it operates in the context of a highly gendered world with all its consequences. The purpose of this article is to suggest some of the ways in which gender might operate under the Family Law Act to disadvantage women. I will start by looking at some of the historical incidents of gender in Anglo-Australian family law2 before addressing
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