Monday, October 28, 2002

A story released today by the Australian Associated Press reports that Australia’s chief justice of the Family Court has backed a call for same sex couples to have equal rights before the court.

But Chief Justice Alistair Nicholson said today the situation could not change until the Federal Government gave same-sex couples the same rights as unmarried heterosexual couples.

He said remarks yesterday by High Court judge Michael Kirby in favor of equality for same sex couples before the Family Court when their relationships ended were spot on.

"I'm joining him on this one. I think this is a human rights issue," said Justice Nicholson

The chief justice said the Family Court had no power to deal with the property of any unmarried couple whether they were heterosexual or not.

He said the states were negotiating with the Federal Government to transfer to the Commonwealth such powers recognizing de facto couples.

Justice Kirby told an International Congress on Families in Melbourne that the need and demand was growing for the Family Court to have jurisdiction over property disputes between homosexual couples.

"These sexual minorities are now knocking on the doors of family courts - of family magistrates courts - in order to engage your attention," Justice Kirby said.