Published Wednesday, 25 June, 2008 at 06:52 PM
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
The Honourable Kerry Shine
Shine Welcomes Introduction of Commonwealth de facto Laws
Attorney-General and Minister for Justice Kerry Shine has welcomed the Rudd Government’s introduction of landmark legislation into federal Parliament which will allow de facto couples, including same sex couples, access to family law courts on property and maintenance matters.
“I know that Queensland de facto couples have been waiting a long time for the introduction of this legislation and I congratulate the Rudd Government on its move,” Mr Shine said.
“At the moment in Queensland de facto couples who separate must access two different jurisdictions with disputes about property dealt with in the Queensland courts and disputes about children dealt with in the Federal family courts.”
Mr Shine said in 2003 Queensland referred to the Commonwealth the power to divide property in relation to same-sex and heterosexual de facto couples, however the Howard Government would not accept the referral in relation to same-sex couples.
“The previous Government’s decision not to accept Queensland’s referral effectively denied those who had been involved in same-sex de facto relationships the opportunity to seek spousal maintenance and to have matters relating to children and property heard at the same time by one court.
“They were also denied the opportunity to seek binding orders in relation to the division of superannuation or access to the substantial service infrastructure, including mediation, supporting the Commonwealth family law jurisdiction.
“The Rudd Government has corrected that decision by stating the legislation introduced today will not discriminate between opposite-sex and same-sex de facto couples.”
Mr Shine said if the legislation is passed it will have a major impact on court proceedings in Queensland.
“If de facto couples can have their property disputes heard in the Family Court this will significantly reduce the number of civil hearings heard in Queensland’s courts, which will take further pressure off our system,” he said.
“It will also benefit families who will not have to engage legal representation for two different court hearings.”
Media Contact: Troy Davies 3239 6400 or 0488 799 273
“I know that Queensland de facto couples have been waiting a long time for the introduction of this legislation and I congratulate the Rudd Government on its move,” Mr Shine said.
“At the moment in Queensland de facto couples who separate must access two different jurisdictions with disputes about property dealt with in the Queensland courts and disputes about children dealt with in the Federal family courts.”
Mr Shine said in 2003 Queensland referred to the Commonwealth the power to divide property in relation to same-sex and heterosexual de facto couples, however the Howard Government would not accept the referral in relation to same-sex couples.
“The previous Government’s decision not to accept Queensland’s referral effectively denied those who had been involved in same-sex de facto relationships the opportunity to seek spousal maintenance and to have matters relating to children and property heard at the same time by one court.
“They were also denied the opportunity to seek binding orders in relation to the division of superannuation or access to the substantial service infrastructure, including mediation, supporting the Commonwealth family law jurisdiction.
“The Rudd Government has corrected that decision by stating the legislation introduced today will not discriminate between opposite-sex and same-sex de facto couples.”
Mr Shine said if the legislation is passed it will have a major impact on court proceedings in Queensland.
“If de facto couples can have their property disputes heard in the Family Court this will significantly reduce the number of civil hearings heard in Queensland’s courts, which will take further pressure off our system,” he said.
“It will also benefit families who will not have to engage legal representation for two different court hearings.”
Media Contact: Troy Davies 3239 6400 or 0488 799 273