Family matters

Legislation is currently before Parliament that will allow de facto couples, including same-sex couples, access to the Family Court in the event of relationship breakdown for matters relating to property. The GLRL welcomes this move, in particular the inclusion of lesbian and gay relationships under the de facto definition, and applauds the Federal Government’s continued commitment to removing practical discrimination against our community.

Currently in NSW, same-sex couples must resolve property disputes through the NSW Supreme Court. This is a significantly more expensive and time-consuming process than resolving disputes in the federal Family Court. Additionally, any issues pertaining to children in the dispute must still be dealt with by the Family Court. This means that disputes are often spread across two different court systems, increasing the cost, time and stress already associated with these sorts of disputes.

The GLRL has previously noted this area of discrimination in its All Love is Equal report, the second recommendation of which called for the states to hand over their control of this issue to the Commonwealth in order to allow same-sex and de facto couples access to the Family Court for property disputes. Most states had previously committed to referring their powers to the Commonwealth in relation to property disputes. However, the Howard government indicated it would accept referral only for heterosexual couples and consequently blocked the plan. If this legislation goes through, de facto couples in all states and territories (except SA and WA) will have access to a more efficient and streamlined court system when they most need it.

Same-sex couples in NSW will benefit significantly from these changes as the Family Court is much better equipped to deal with relationship disputes than the NSW Supreme Court. Firstly, it will be less expensive for the participants to resolve their disputes. Secondly, members of the Family Court are trained and have experience in dealing with the specific issues that affect families during break-ups. Moreover, the Family Court system provides access to counselling and welfare services designed to support families during difficult periods.

These reforms are long overdue. The current laws disadvantage and penalise gay men, lesbians and, perhaps most importantly, their children, on the grounds of marital status and sexuality. We must continue to call on both sides of politics to commit to removing this and other practical discrimination as soon as possible.