The author first discusses the statutory framework which has led to the divided jurisdiction over matrimonial property in Australia. This is followed by an examination of the problems that this division creates, such as delay in settling property disputes, jurisdictional conflict when one spouse unilaterally seeks a “State” remedy, and evasion of the intention behind the legislation to divide matrimonial property equitably between the parties. Some of the mechanisms like gifting and trust arrangements by which a spouse may rearrange his affairs to insulate himself from the jurisdictional reach of the Family Court are examined. The limitations of the injunction power under s. 114 of the Family Law Act 1975 (Cth) are exposed and following this the author speculates about the scope of s. 85 of the Act which attempts to empower the Court to set aside transactions designed to avoid the provisions of the Act. He concludes that the powers of the Family Court are uncertain and limited and that the only real solution would lie in a reference of power in this area to the Commonwealth by the States.

Mr Murray-Jones is concerned to re-examin,e the rules which have developed with respect to the interpretation of s. 109 of the Constitution. He looks first at the “cover-the-field” test enunciated by Isaacs J. and its subsequent application by the High Court. He moves on to discuss a second test propounded by Dixon J. which would strike down State laws which altered, detracted or impaired the operation of a Commonwealth law. These tests are, of themselves, insufficient to meet the difficulties and a number of subsidiary tests for direct inconsistency, some of doubtful validity, are critically scrutinized. The position seems clear when the conclusion can be reached that the Commonwealth intended to provide a single, nation-wide code to regulate a particular area. When criminal proceedings for an offence which contravenes both State and Commonwealth law are considered, complications with respect to differing offences and penalties can frequently arise and the author concludes that the difficulties still require satisfactory resolution. One suggestion is that the CourtS' should more clearly articulate the various factors }vhich they take into account when reaching th,eir decisions.

In this article Mr Justice Kirby outlines a number of important legal themes in the career of the former Prime Minister. Several issues were identified by him soon after Mr Whitlam entered Parliament and persisted with in Opposition and Government. Some of them led to important legislative reforms. The abolition of appeals to the Privy Council was achieved in part. The establishment of a new Federal Court, long predicted, has now been achieved. Major reform of family law and the establishment of a special Family Court was pioneered with the support of Mr Whitlam. The expansion of Commonwealth interests in commercial and business law coincided with facultative decisions of the High Court. The achievement of a single corporation law and of national compensation eluded the Whitlam Government but may yet be secured. The identification of the need for a new administrative law is instanced as the most original of Mr Whitlam's law reform preoccupations. The new body of Commonwealth administrative law was initiated during his Administration. This paper is a history not an evaluation. But it identifies a number of themes important for continuing law reform in Australia and illustrates Mr Whitlam's persistence, and in some cases successful action, towards achieving reform of the law.