Same-sex couple Family Court access applauded

This media release was issued by the Australian Coalition for Equality on 25.6.08.

Gay and lesbian rights advocates have welcomed a Federal Government initiative to allow property disputes between former same-sex de facto partners to be resolved by the Family Court.

Australian Coalition for Equality spokesperson, Corey Irlam, said that the move will mean partners in same-sex relationships which have broken down will no longer be required to resolve their disputes in state Supreme Courts.

"Equal access to the Family Court will mean disputes can be resolved with less expense, less trauma, and greater privacy", Mr Irlam said.

"Same-sex partners already have access to the Family Court in disputes over child custody, and they have full access to WA's state Family Court, so allowing access to resolve property disputes is simply an extension of an existing principle."

"We applaud the Rudd Government for its continued commitment to equal legal treatment for same-sex partners."

In 2003 and 2004 the states and territories referred their powers over de facto property disputes to the Federal Government to ensure national consistency, but the former Federal Government failed to act.

The current Federal Government has a commitment to removing discrimination against same-sex de facto couples across all federal laws based on a report from the Human Rights and Equal Opportunity Commission which found discrimination in a wide range of laws including Family Court access.

The Commission's recommendation that this discrimination be removed was backed up by former Family Court Chief Justice, Alastair Nicholson, in a letter to the Federal Government last month (an extract included below).

For further comment contact: Corey Irlam on 0401 738 996.


In a letter to Federal Attorney-General, Robert McClelland sent in May this year, former Family Court Chief Justice The Hon. Alastair Nicholson said:

"It is just as imperative that same-sex couples have access to the Family Court for resolution of their relationship disputes, property division and maintenance as it is for heterosexual de facto couples to do so. The Family Court is the appropriate institution to resolve such disputes, given that it's Judges and other personnel have experience in relationship matters and given the relative ease of the Family Court's procedures. In particular, the conciliation and mediation procedures of the Family Court have traditionally been effective in resolving at least 60% of such disputes at a relatively early stage without trial. To force same-sex couples to continue to rely on State Supreme Courts which are often more expensive and whose personnel have less experience in family law matters, would be a continuing breach of the human rights of lesbians and gay men and their families."