Recognition of Same-Sex Relationships
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Questions and Answers

What is the default length of Apprehended Domestic Violence Orders (ADVOs) in NSW?

  • 1 year
  • 2 years (correct)
  • 5 years
  • 3 years

    • Under what condition can interim or provisional ADVOs be set by police?

  • Only after a court hearing
  • When the situation is urgent (correct)
  • After a conviction of the perpetrator
  • When the victim proves a case of intent

    • What must a victim prove for a final ADVO to be granted in Local Court?

  • That the offender has a history of non-compliance
  • That the offender is a repeat criminal
  • That other legal protections have been sought
  • That there are reasonable grounds to fear personal violence (correct)

    • What was one significant reform made in 2007 regarding ADVOs?

    <p>Interim ADVOs can be issued by police in urgent situations</p> Signup and view all the answers

    What is the maximum penalty for breaching an ADVO in NSW?

    <p>2 years imprisonment</p> Signup and view all the answers

    What percentage of family matters are resolved before reaching court according to the Family Law Act?

    <p>97%</p> Signup and view all the answers

    What is one notable limitation of the legal protections in domestic violence cases?

    <p>They are prohibitively expensive and slow</p> Signup and view all the answers

    In which year was the Crimes Act introduced, which initially included provisions for ADVOs?

    <p>1983</p> Signup and view all the answers

    What did the Property (Relationships) Act 1984 aim to achieve regarding same-sex relationships?

    <p>To recognize same-sex relationships as having the same legal standing as heterosexual de facto relationships</p> Signup and view all the answers

    Which legislation extended the definition of ‘de facto’ relationships to include same-sex couples?

    <p>Family Law Amendment (De Facto Financial Matters and other Measures) Act 2008</p> Signup and view all the answers

    What was the reported number of same-sex marriages recorded in Australia within a year following the reforms of 2017?

    <p>6000</p> Signup and view all the answers

    What does Section 47 of the Marriage Act (1961) enable ministers to do in relation to same-sex marriage?

    <p>Refuse to solemnise marriage based on personal beliefs</p> Signup and view all the answers

    What is the primary role of an independent practitioner in the context of family law disputes?

    <p>To help resolve disputes without going to court</p> Signup and view all the answers

    Which act amended various laws to include provisions for same-sex couples in areas such as tax, Medicare, and family law?

    <p>Same Sex relationships (Equal Treatment in Commonwealth Laws - General Reform) Act 2008</p> Signup and view all the answers

    Under what circumstances may couples go directly to court without attempting mediation first?

    <p>When there is suspicion or evidence of domestic violence</p> Signup and view all the answers

    How does the Marriage Amendment (Definition and Religious Freedoms) Act 2017 impact same-sex couples’ legal rights?

    <p>It grants same-sex couples the same legal rights as heterosexual couples</p> Signup and view all the answers

    What discriminatory outcomes are perpetuated by certain provisions in the Marriage Act (1961)?

    <p>Enabling ministers to deny officiating marriages based on religious beliefs</p> Signup and view all the answers

    What legislation requires couples to make a genuine effort to resolve their disputes before approaching the court?

    <p>Family Law Act (FLA) Section 60I</p> Signup and view all the answers

    What newly formed court was established in 2021 to handle family law cases?

    <p>Federal Circuit and Family Court of Australia</p> Signup and view all the answers

    What main change occurred with the amendments made to the Property (Relationships) Act in 1999?

    <p>It recognized same-sex relationships with the same legal status as heterosexual de facto relationships</p> Signup and view all the answers

    What is one of the goals of the new case management pathway introduced in family law?

    <p>To ensure resolution of 90 percent of cases within 12 months</p> Signup and view all the answers

    What challenges are mentioned regarding the family law system in Australia?

    <p>Lengthy wait times due to lack of resources</p> Signup and view all the answers

    Which of the following is NOT a service included in the non-judicial process for resolving disputes?

    <p>Court representation</p> Signup and view all the answers

    Which statement is true about the Federal Circuit and Family Court of Australia?

    <p>It was formed by merging different family courts.</p> Signup and view all the answers

    What significant change does the Family Law Amendment Act 2023 implement regarding parenting arrangements?

    <p>It provides a simplified list of considerations for courts.</p> Signup and view all the answers

    Under the Family Law Act 1975, how is a child born to a woman recognized in terms of parentage?

    <p>The couple at the time of the child's birth is presumed to be the parents.</p> Signup and view all the answers

    What is the financial risk for New South Wales residents procuring commercial surrogacies?

    <p>A fine of up to $275,000 and/or imprisonment for up to two years.</p> Signup and view all the answers

    What does the Status of Children Act (NSW) recognize regarding children’s legal status?

    <p>All children have equal legal status and rights regardless of their mode of conception.</p> Signup and view all the answers

    In the case of B v J (1996), what was determined regarding the known sperm donor's parental status?

    <p>He was found to have no parental status or obligations.</p> Signup and view all the answers

    What was the outcome for the Australian couple involved in a surrogacy arrangement, as mentioned in the provided content?

    <p>They were prevented from taking any children home.</p> Signup and view all the answers

    What was concluded in the case of Masson v Parsons (2019)?

    <p>Masson was considered a sperm donor, hence had no parental rights.</p> Signup and view all the answers

    What key factor do courts now prioritize when deciding parenting arrangements as stipulated by the Family Law Amendment Act 2023?

    <p>The safety of the child.</p> Signup and view all the answers

    What year was the Family Law Court established?

    <p>1975</p> Signup and view all the answers

    Which judge expressed outrage over the merger of the Family Court?

    <p>Stephen O'Ryan QC</p> Signup and view all the answers

    What notable legal case incurred almost $900K in fees?

    <p>Simic v Norton</p> Signup and view all the answers

    What range of cases do some Federal Circuit Court judges manage?

    <p>400–500</p> Signup and view all the answers

    In what year did Ken Lay refer to domestic violence as Australia's 'filthy little secret'?

    <p>2013</p> Signup and view all the answers

    What was a major public response to the issue of family violence highlighted in the document?

    <p>Royal Commission into family violence</p> Signup and view all the answers

    What is implied about non-legal responses to family violence?

    <p>They cannot adequately address the issue.</p> Signup and view all the answers

    Which of the following cases represents the ongoing issue of family violence in Australia?

    <p>The murders of Hannah Clarke and Molly Ticehurst</p> Signup and view all the answers

    Study Notes

    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.
    • 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.

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    Family Law Paragraphs - Master Doc PDF

    Description

    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.

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