Legislation And Legislative Change In Australia - 1122 Words

Legislation and legislative change in Australia has sought over the years to both define the roles of women under the law and amend laws to ensure that gender inclusive redress occurs in the area of marriage and long-term relationships. The Matrimonial Causes Act 1857, passed in the United Kingdom, attempted to reform the law on divorce and marriage, however in that Act it explicitly granted men an easier route to divorce than women. The colonies at that time were invited to also pass this legislation. In response to the demand for radical reform to family law legislation and the unequal gender balance that has been present for many years in Australia, the Whitlam Government made major changes to marriage law in passing the Family Law†¦show more content†¦Another way the Act empowered and protected the rights of women is by placing value on the homemaker and parenting contribution to a relationship. The reforms represented a major win for feminism as they promised to allo w women to escape from violent, adulterous or otherwise unsuitable marriages and to enter society with autonomy and equality. The Family Law Act 1975 also defined a de facto relationship in Section 4AA as the law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis. However, your relationship is not a de facto relationship if you were legally married to one another or if you are related by family. Significant amendments to the Family Law Act 1975, affecting both married and non-married couples, were effected by the Family Law Amendment (De Facto Financial and other measures) Act 2008 (â€Å"the De Facto Act†). The legislation is gender-neutral and this enabled separating couples who were in a de facto relationship to acquire the same rights and liabilities as those of married couples with regard to property settlements. Even though the government hasn’t as yet per mitted marriage for same sex couples, they do qualify for the laws surrounding de facto relationships. As deShow MoreRelatedThe Main Features Of English Legal System1403 Words   |  6 PagesTo begin with, during the 19th century Great Britain was considered as one of the largest Empire in the world. Along with their historical superiority they also created a fundamental legislative mechanism. The British legal system has been built up very gradually and spread to other countries over the centuries. Inevitably the influence of their legal systems was bound to have some effect on their colonies. 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In common with other countries that derive their legal and political system from England – such as Canada, India and New Zealand – Australia has three arms of government; the LegislatureRead MoreEffects of the Draft Bill under Current Relevant and Statutory Law1104 Words   |  4 Pagesintention appears with reasonable certainty, to be understood as applying to facts or events that have already occurred †¦Ã¢â‚¬â„¢2 However, unlike other countries (the US, Sweden) the Australian Constitution does not prohibit retrospective legislation. Legislation in Australia can be enacted ‘ex post facto’. Importantly, under the Australian Constitution it is the federal government that can make laws in relation to issues such as Immigration. Although the common law does not like retrospectivityRead MoreThe Current Law Regarding Teacher s Liability For Personal Injury1260 Words   |  6 Pagesliability for personal injury is effective in placing responsibility on the state and away from the teacher. 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Common law and statute law are both made and changedRead MoreThe Constitutional And Statutory Bills Of Rights1626 Words   |  7 PagesINTERPRETATION In the article, Professor Hilary Charlesworth advocates Australia adopting a formal bill of rights – a statutory one rather than a constitutional one. Charlesworth identifies the three main opposing arguments to an Australian bill of rights including that our current democracy is effective, the possibility of lawyers manipulating a bill of rights to their own advantage and finally that it would be antagonistic to the Australian democratic system. The rest of the Professor’s argumentRead MoreThe Rule Of Law And Its Effect On Society1684 Words   |  7 Pagesrespectively, this is due to section 109 of the Constitution. The Commonwealth Parliament is also granted a small number of exclusive legislative powers by the Constitution. This allows the Commonwealth to make laws regarding federal departments. 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