Family Court changes afoot

The Rudd Government has introduced legislation to allow same-sex de facto couples access to the federal Family Court on property and maintenance matters, rather than the more expensive state Supreme Court.

The reforms are not part of the 100 equality measures promised by the Government but stem from a 2002 agreement between the states and territories that the previous Howard Government did not fulfill.

These reforms are long overdue. They will provide greater protection for separating de facto couples and simplify the laws that apply, Attorney-General Robert McClelland said.

However, same-sex couples registered in Victoria, Tasmania or the ACT will also have to meet the state’s additional de facto criteria, such as living together for a specified period.

A spokesman for the Attorney-General said the legislation fully enacts the powers that were referred by every state and territory except Western Australia and South Australia, however states can further raise the issue of registers at a meeting in July.

Parents, whether same-sex or opposite sex, have always had access to the Family Court for child-related matters, but only married couples could use the court for financial breakup matters. Parents who fail to meet their state’s de facto criteria can now apply for an exemption.

The Family Court is seen as better equipped to resolve relationship breakdown matters through conciliation and mediation procedures.

Former Family Court Chief Justice Alastair Nicholson wrote to McClelland in May calling these reforms a human rights imperative.

The Australian Coalition of Equality applauded the introduction of the legislation for saving same-sex couples thousands of dollars in court expenses.

Equal access to the Family Court will mean disputes can be resolved with less expenses, less trauma and greater privacy, ACE spokesman Corey Irlam said.

Same-sex couples in WA have full access to the state’s own family court.