Recognition of Same-Sex Relationships

Recognition of Same-Sex Relationships

• The Property (Relationships) Act 1984 (NSW) recognised same-sex relationships as having the same legal standing as heterosexual de facto relationships.
• The Family Law Amendment (De Facto Financial Matters and other Measures) Act 2008 (Cth) extended the definition of ‘de facto’ to include couples who live together on a genuine domestic basis, including same-sex couples.
• The Same Sex relationships (Equal Treatment in Commonwealth Laws - General Reform) Act 2008 (Cth) extended several legal provisions for same-sex couples in areas such as law, tax, superannuation, Medicare, aged care, veterans’ entitlements, family law, and child support.
• The Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) legally recognised same-sex marriage, providing them the same rights as heterosexual couples.
• The Family Law Amendment Act 2023 provides simplified considerations for courts when deciding parenting arrangements, including the safety of the child and the child’s views.

Birth Technologies + Surrogacy

• The Family Law Act 1975 outlines all presumptions of parentage, stating that a child born to a woman is considered to be a child of her and her partner at the time.
• The Status of Children Act (NSW) (SOCA) recognised that all children have the same legal status and rights, regardless of how they were conceived.
• In the case B v J (1996), a sperm donor was found not to be a "parent" for the purposes of the Child Support Assessment Act 1989 following an agreement that he would not be financially or parentally obligated, thus not being liable to pay child support.

Domestic Violence

• Apprehended Domestic Violence Orders (ADVOs) were strengthened in the 2007 reforms by the Crimes Act 1900.
• The default length of ADVOs is 2 years but can be extended at the discretion of police/courts.
• Breaching an ADVO can lead to imprisonment for up to 2 years.
• In NSW, final ADVOs are granted in the Local Court, where the victim must prove on the balance of probabilities that they have reasonable grounds to fear personal violence, intimidation, or stalking from the offender.

FDR + Courts

• Section 10F of the Family Law Act 1975 (Cth) (FLA) defines Family Dispute Resolution (FDR) as a non-judicial process in which practitioners help individuals affected by a separation or divorce to resolve their disputes.
• FDR includes mediation, reconciliation counselling, and post-separation parenting programs.
• Section 60I of the FLA requires couples to make a genuine effort to resolve their disputes using FDR before applying for court orders.
• When domestic violence is suspected or evident, court may be accessed straight away.
• In 2019, the Family Law Court and Federal Circuit Court were merged, creating the Federal Circuit and Family Court of Australia.
• Simic v Norton (2017) highlights the high costs associated with family law disputes, where the parties accrued nearly $900K in legal fees.

NON-LEGAL

• In 2013, domestic violence was described as Australia’s “filthy little secret” by then Victorian police chief Ken Lay.
• The murders of Hannah Clarke, Molly Ticehurst, and others highlight the need for impactful change to address domestic violence and prevent further tragedies.

Explore the significant legal milestones that recognize same-sex relationships in Australia. This quiz covers key legislation such as the Property (Relationships) Act 1984, various Family Law Amendments, and the Marriage Amendment Act 2017. Test your knowledge on how these laws have impacted the rights and privileges of same-sex couples.