Defacto/Family law amendment bill?
johnbullo3 asked:
I have applied to reopen my property settlement case in the courts against my former de facto after nearly two months past the two year rule cut off date. Will I be put into the new family law system where they can split my superannuation or will they complete current cases under the existing laws.
Hi Steve,
I live in Qld and it has not been finalized over this 2 yr period. I have had affidavit’s prepared and will apply before xmas if time permits and an opening exists.
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I have applied to reopen my property settlement case in the courts against my former de facto after nearly two months past the two year rule cut off date. Will I be put into the new family law system where they can split my superannuation or will they complete current cases under the existing laws.
Hi Steve,
I live in Qld and it has not been finalized over this 2 yr period. I have had affidavit’s prepared and will apply before xmas if time permits and an opening exists.
February 2nd, 2009 at 10:49 am
First, could you give some more details please. As each State has different de facto laws, which State are you in? Are you saying it’s now 2 yrs and 2 mths since the case finalised? Was it a consent judgment or contested?
Generally speaking, if the court considers the matter is finalised, any application to “reopen” will be considered a fresh application and treated under present laws - but more details will clarify the situation.
OK - from your extra info: In Qld, although the State Govt passed the Commonwealth Powers (De Facto Relationships) Act in 2003, its main parts did not commence until 24 Oct 2008. At the moment, all that has happened is that Qld has ‘passed the ball’ to the Federal Govt (eg. Family Court). And, at the moment, the Federal Govt can’t do anything as, although they have now been given the power to legislate for de facto property settlements in Qld, they don’t yet have any such legislation. Although they passed the Family Law (De Facto Financial Matters and Other Measures) Bill 2008 on 10 November 2008, no date has yet been decided for its commencement.
So what all that means is that you will still be dealt with by the State courts.