一、导言很难说澳大利亚1989年的家庭法呈现出一种特别有启发性的局面。的确,倘若对这个有些不利的年份能够做出一个结论的话,那么可以说家庭法已经成为至少是有争论的实用论(例如教育)的工具。已经通过修正法规和条例做了很多事情,尽管这并没有改变实体法,但却极大地改变了法律得以实施的方式。不用说,即使有的话也只是少数诉讼当事人可能从这些变化中获益。尽管如此,仍然存在着一些有趣的发展,特别是在关于父母与子女的法律方面。 I. INTRODUCTION It is hard to say that the 1989 family law in Australia showed a particularly instructive situation. Indeed, if a conclusion can be drawn about this somewhat unfavorable year, family law can be said to have become at least a controversial pragmatism, such as education. Much has been done by amending the statutes and regulations, and although this has not changed substantive law, it has dramatically changed the way law is implemented. Needless to say, even a few, if any, litigants may benefit from these changes. In spite of this, there are still some interesting developments, in particular with regard to the law of parents and children.