Breaking up is hard to do

In this episode of Breaking Up Is Hard to Do, Michael Brown speaks the Hon Elizabeth Evatt, first Chief Justice of the Family Court about the creation of the court, the introduction of no-fault divorce, and the social changes that reshaped Australian family law. Justice Evatt reflects on being the first woman to lead an Australian court, the original vision of the Family Court as a less adversarial “helping court,” and the challenges of balancing legal reform with public resistance and limited resources.The conversation also explores the traumatic Family Court bombings of the 1980s, the impact they had on the judiciary, and Justice Evatt’s broader work on women’s rights, equality, and social reform through the Royal Commission on Human Relationships. 

In this episode, I speak with The Hon Michael Kirby about the life and legacy of Lionel Murphy—architect of no-fault divorce and a transformative figure in Australian law.Murphy’s role in creating the Family Law Act 1975 reshaped how Australia understands marriage and separation. His judicial philosophy, once seen as radical, helped redefine the place of rights, equality, and social change in the law.Justice Kirby, who knew Murphy personally, reflects on his reforming vision, the controversies that followed him, and his lasting influence. 

In this episode, we examine the life and career of Lionel Murphy — from barrister and Labor senator to Attorney-General in the Whitlam Government and later a Justice of the High Court.The episode covers his role in major legal reforms of the 1970s, including the introduction of no-fault divorce and the creation of the Family Court, as well as the controversies that emerged later in his career.Featuring interviews with Cameron Murphy MLC  and academic Dr Ryan Kernaghan.Join us next month for an interview with the Hon Michael Kirby, former Justice of the High Court of Australia, about his friend and mentor, Lionel Murphy.

In 1976, Australia conducted a quiet social revolution.The doors of the newly created Family Court of Australia opened for the first time, and with them came a radical idea: that marriage should end without blame.No fault. No moral inquest. No public humiliation.But did that make breaking up any easier?In this opening episode, Michael Brown  takes listeners back to 6 January 1976, the beginning of Australia’s bold experiment in modern family law.This episode begins a broader series examining  Family Law  — its history, its social context, its  ideals, its critics, its unintended consequences, and the deeply human stories that unfold when love ends and law begins.Because breaking up is still hard to do.