Family LAw
Family law is the body of law pertaining to marriage and matrimonial issues. Its main aim is to protect each member of a family, whether that family is nuclear, de-facto, single parent, Aboriginal or Torres Strait Islander or blended in nature, as family is the foundation of society. It can be argued that as society progresses in an ever developing world, the law continues to languish behind society’s changing values in regards to the recognition of same-sex relationships, surrogacy and birth technologies and the changing nature of parental responsibility. Although this argument is not true in all circumstances, it is a prominent issue which legislators face, as they are the ones who are required to ensure that the law is reflective of contemporary values.
The legal recognition of same-sex relationships in Australia has evolved dramatically since the 1980s to a point where most jurisdictions provide same-sex couples with the same rights and obligations as heterosexual de-facto couples. The recognition of homosexual peoples was first reflected in 1982 through the insertion of Part 4C into the Anti-Discrimination Act (NSW). At the federal level, the 1984 Federal Sex-Discrimination Act (Cth) was enacted. Demographically, Australia is continuously developing into a more secular society, resulting in the waning influence of the Christian Church on the political front. Nevertheless, the 2004 Amendment to the 1961 Federal Marriage Act, which defined marriage as the legal union between a man and a woman”, was described by many as “enshrining the institution of marriage”, and is only reflective of the views held by the more conservative and religious members of society. To this day, the legal definition of marriage remains unreflective of society’s progressive views, resulting in the law languishing behind.
Furthermore, the refusal to enact the Same-Sex Marriage Bill which was introduced by the Greens in 2005 means that Australia is not responding to its international
The legal recognition of same-sex relationships in Australia has evolved dramatically since the 1980s to a point where most jurisdictions provide same-sex couples with the same rights and obligations as heterosexual de-facto couples. The recognition of homosexual peoples was first reflected in 1982 through the insertion of Part 4C into the Anti-Discrimination Act (NSW). At the federal level, the 1984 Federal Sex-Discrimination Act (Cth) was enacted. Demographically, Australia is continuously developing into a more secular society, resulting in the waning influence of the Christian Church on the political front. Nevertheless, the 2004 Amendment to the 1961 Federal Marriage Act, which defined marriage as the legal union between a man and a woman”, was described by many as “enshrining the institution of marriage”, and is only reflective of the views held by the more conservative and religious members of society. To this day, the legal definition of marriage remains unreflective of society’s progressive views, resulting in the law languishing behind.
Furthermore, the refusal to enact the Same-Sex Marriage Bill which was introduced by the Greens in 2005 means that Australia is not responding to its international