Former Family Court chief calls on Rudd Gov't to broaden gay reform proposal

This media release was issued by the Australian Coalition for Equality on 22.5.08.

One of Australia's most senior former judges has written to the Federal Government urging it to allow same-sex couples access to the Family Court, and to recognise state civil union registries in federal law.

Professor Alastair Nicholson, who is the former Chief Justice of the Family Court, has appealed to the Government on the eve of the introduction of reforms which will give equal financial and workplace entitlements to same-sex de facto partners.

"As a long-time supporter of equal legal treatment for same-sex couples and their families, I want to see the Government's proposed reform remove as much discrimination as possible", Professor Nicholson said.

"Like their heterosexual counterparts, same-sex partners should be able to settle property and maintenance disputes in the Family Court rather than be forced through the more cumbersome and expensive State Supreme Court system, as is currently the case."

"It's also important for the Government to give state and territory civil union registries full and equal status in federal law so that same-sex couples can access federal entitlements through these schemes."

"The practical benefit is that such schemes allow easier and guaranteed access to relationship entitlements."

"The symbolic benefit is that the law should respect the decision of civil union partners to formalise their relationships."

Professor Nicholson's letter has been welcomed by the Australian Coalition for Equality.

"The Family Court is tailor-made to resolve disputes over matters like property and should be open to all couples", spokesperson Rodney Croome said.

"Couples who enter Tasmanian, ACT and soon Victorian civil partnerships have automatic and guaranteed access to relationship entitlements in their own state or territory, and in other countries with similar schemes including the UK, so it would be a snub to these couples, and may disadvantage them legally and financially, if they are not granted the same recognition in Australian national law."

Melbourne Deputy Lord Mayor, Gary Singer, who is involved in a court dispute with his former same-sex partner, has also welcomed Professor Nicholson's support for equality.

"One of the problems with being under state law is that your file is open to the public so anyone can access your file and read the affidavits and material in your file," he said.

"When people break up, they say nasty things about each other — that exposure doesn't happen to other people."

Professor Nicholson's letter to both the Attorney-General, Robert McClelland, the Prime Minister, Kevin Rudd, comes as the ACT opened its new civil partnership registry, joining Tasmania and Victoria in establishing state-based schemes.

The Federal Government announced its intention to remove discrimination against same-sex de facto partners in April and is expected to introduce legislation very soon.

Christian lobby groups have opposed allowing same-sex couples access to the Family Court while the Government continues to strongly oppose same-sex marriage.

For more information contact Rodney Croome on 0409 010 668.