Dr Michelle Fernando is one of Australia's leading academics in children's rights and family law. Her research focusses on the voices of children following parental separation, and in proceedings involving international child abduction. She also researches the legal recognition of non-marriage (de facto) relationships.
Michelle joined UniSA in 2012. She previously taught Family Law at the Australian National University and the University of Tasmania, where she completed her PhD on judicial meetings with children in 2011. She also lectures in Contracts. Michelle aims to prepare students for future law careers by ensuring understanding of key legal principles and also their historical and social underpinnings. She aims to foster... Read more
About me
Dr Michelle Fernando is one of Australia's leading academics in children's rights and family law. Her research focusses on the voices of children following parental separation, and in proceedings involving international child abduction. She also researches the legal recognition of non-marriage (de facto) relationships.
Michelle joined UniSA in 2012. She previously taught Family Law at the Australian National University and the University of Tasmania, where she completed her PhD on judicial meetings with children in 2011. She also lectures in Contracts. Michelle aims to prepare students for future law careers by ensuring understanding of key legal principles and also their historical and social underpinnings. She aims to foster university graduates who acknowledge limitations and challenges of existing law and look to options for reform.
Michelle's research is highly regarded and has been widely published and cited in Australia and internationally, including by judges in legal cases. In 2023 Michelle appeared before the Senate Committee on Legal and Constitutional Affairs about proposed amendments to the Family Law Act, and was responsible for legislative reform giving children a greater voice in Hague child abduction cases. Michelle is a co-author of the monograph Family Law in Australia (10th Ed, 2021) and will be lead author of the 11th edition, to be published in 2025.
Michelle is a Research Degree Co-ordinator for Justice and Society. She is a member of the JUS Academic Unit Board and is a former director of Anglicare SA and Anglicare Tasmania.
About me
| Date | Title |
|---|---|
| 26/06/2012 |
Radio National 'The Voices of Children in Family Court Cases', http://www.abc.net.au/radionational/programs/lawreport/the-voices-of-children-in-family-law-cases/4114440 |
| 07/06/2012 |
About me
Doctor of Philosophy University of Tasmania
Graduate Certificate in Legal Practice University of Tasmania
Bachelor of Arts University of Tasmania
Bachelor of Law University of Tasmania
Research
Research outputs for the last seven years are shown below. Some long-standing staff members may have older outputs included. To see earlier years visit ORCID, ResearcherID or Scopus
Open access indicates that an output is open access.
| Year | Output |
|---|---|
| 2022 |
Open access
2
2
|
| 2022 |
|
| 2021 |
Open access
|
| 2021 |
|
| 2018 |
Open access
6
3
8
|
| Year | Output |
|---|---|
| 2021 |
|
| Year | Output |
|---|---|
| 2024 |
|
| 2022 |
|
| 2022 |
|
| Year | Output |
|---|---|
| 2024 |
Open access
|
| 2023 |
Open access
|
| 2023 |
Open access
21
|
| 2022 |
Open access
2
2
|
| 2021 |
Open access
|
| 2020 |
Open access
|
| 2018 |
Open access
6
3
8
|
| 2016 |
|
| 2014 |
Open access
16
10
|
| 2014 |
|
| 2013 |
Open access
1
|
| 2013 |
|
| 2013 |
|
| 2012 |
|
| 2012 |
|
| 2012 |
|
| 2012 |
|
| 2009 |
|
| 2009 |
|
| Year | Output |
|---|---|
| 2023 |
Open access
|
| 2023 |
|
| 2018 |
Open access
|
R Sarre, B Livings, J McIntyre, L Cooper, M Fernando, S Moulds, 'O Christmas tree, O Christmas tree … what are my rights this season, legally?' The Conversation, 15 December 2023
R Sarre, J McIntyre, L Cooper, M Fernando, S Moulds, 'You can say you wish King Charles would die, but you can’t urinate on your back tyre: 8 common myths about Australian law' The Conversation, 26 December 2022
M Fernando, Learning Resources for Family Law in Australia (10th Ed), LexisNexis 2021
N Ross and M Fernando, 'Book Review - Children, Autonomy and the Courts by Aoife Daly' (2018) 26 International Journal of Children's Rights 837
Gave evidence to the Senate Committee on Legal and Constitutional Affairs on proposed amendments to the Family Law Act, 2023
Presented to the Family Law Council on strengthening children's voices in family law, 2023
Editorial Board Member, Australian Journal of Family Law, 2022-
Co-author, Family Law in Australia (LexisNexis, 10th Ed, 2021)
Cited by Supreme Court of Canada in Office of the Children's Lawyer v Balev, SCC 16
Former case note writer, Family Law Review
Former Director, Anglicare SA and Anglicare Tasmania
External engagement & recognition
| Organisation | Country |
|---|---|
| Monash University | AUSTRALIA |
| Murdoch University | AUSTRALIA |
| Private Individual | UNITED KINGDOM |
| Southern Cross University | AUSTRALIA |
| Tasmania Legal Aid | AUSTRALIA |
| University of Newcastle | AUSTRALIA |
| University of South Australia | AUSTRALIA |
| University of Tasmania | AUSTRALIA |
| University of Western Australia | AUSTRALIA |
External engagement & recognition
| Engagement/recognition | Year |
|---|---|
Gave evidence to the Senate Committee on Legal and Constitutional Affairs on the Family Law Amendment Bill 2023Senate Committee |
2023 |
Presented to the Family Law Council on strengthening the voices of the child in family law proceedingsFamily Law Council |
2023 |
Cowell v Ross [2022] FedCFamC2F 427Expertise cited in legal cases |
2022 |
Editorial Board MemberAustralian Journal of Family Law |
2022 |
Expertise cited in Office of the Children Lawyer v. Balev, 2018 SCC 16Supreme Court of Canada |
2018 |
Invited stakeholder in consultation process on issues in children's participation on family separationCommissioner for Children and Young People, South Australia |
2018 |
Review of report on Child Protection FrameworksAustralian Centre for Child Protection |
2018 |
Board MemberAnglicareSA |
2016 |
Case note WriterFamily Law Review (Thomson Reuters) |
2016 |
Music worship leaderSt Matts Anglican Church |
2016 |
Board MemberAnglicareSA |
2015 |
Case note WriterFamily Law Review (Thomson Reuters) |
2015 |
Duffy v Games (No 2) 53 FamLR 50Expertise cited in legal cases |
2015 |
Lombard v Foster FCCA 1499Expertise cited in legal cases |
2015 |
Music worship leaderSt Matts Anglican Church |
2015 |
Board MemberAnglicareSA |
2014 |
Case note WriterFamily Law Review (Thomson Reuters) |
2014 |
ChairAnglicareSA, Governance Risk and Compliance Committee |
2014 |
Music worship leaderSt Matts Anglican Church |
2014 |
Board MemberAnglicareSA |
2013 |
Case note WriterFamily Law Review (Thomson Reuters) |
2013 |
ChairAnglicareSA, Governance Risk and Compliance Committee |
2013 |
Music worship leaderSt Matts Anglican Church |
2013 |
Case note WriterFamily Law Review (Thomson Reuters) |
2012 |
Case note WriterFamily Law Review (Thomson Reuters) |
2011 |
Board MemberAnglicare Tasmania |
2010 |
Board MemberAnglicare Tasmania |
2009 |
Board MemberAnglicare Tasmania |
2008 |
Michelle has received several teaching awards including the Top Early Career Teacher award for the UniSA Business School in 2014.
Teaching & student supervision
Teaching & student supervision
Supervisions from 2010 shown
| Thesis title | Student status |
|---|---|
| Caring in the chaos - confusion, contradiction and complication: the role of the law in South Australia's foster care system | Current |
| Is Family Dispute Resolution a Dam or a Bridge to Court for Culturally and Linguistically Diverse People? | Current |
| Risks of harm and child sexual abuse in Australian family law cases: do judicial and legislative responses uphold a child¿s right to protection? | Current |
| Protecting fundamental common law rights: a critical analysis of the application and role of the principle of legality in Australia | Completed |
| Sentencing the sexually abused child sex offender: childhood histories of contact abuse and pleas in mitigation | Completed |
| The unenforceability of self-executing deep learning algorithmic contracts | Completed |
