NSW LEADS THE WAY ON DE FACTO LAW REFORMS
NSW has become the first jurisdiction in Australia to commence legislation which, with corresponding Commonwealth legislation, will allow separating de facto couples to have their property and maintenance matters resolved in the Federal Family Court.
NSW Attorney General John Hatzistergos said the NSW Act refers power to the Commonwealth to legislate for de facto partners and married couples to have equal access to Family Court services in the event their relationship breaks down.
"The NSW Government has acted to ease the burden and stress faced by separating de facto couples by giving them the same access to the Family Court as a divorcing married couple," he said.
"To date, de facto couples could only use the federal courts to resolve issues relating to children, while property and maintenance matters were heard in state courts.
"Once the Commonwealth's legislation is also enacted, they will be able to attend a single court to resolve all of the disputes that commonly arise at the end of a relationship.
"This will save the time and money of the court and of the couples themselves."
The new laws do not discriminate between heterosexual and same-sex couples.
Mr Hatzistergos said these long-awaited reforms were stymied by the former Howard Government which delayed taking up the referral of powers from NSW for six years.
"NSW passed legislation in favour of separating de facto couples using the Federal Family Court in 2003. This followed a 2002 proposal from the Standing Committee of Attorneys General," Mr Hatzistergos said.
‘The Howard Government refused to accept the referral of power because of an ideological objection to same sex de facto couples.
"What we have now is a commitment by the Rees and the Rudd Labor Governments to remove bureaucratic difficulties faced by couples if their relationships break down.
"This is co-operative Federalism in action, delivering practical benefits to all Australians."
