ABSTRACT
Introduction Between 1986 and 1990, all States (except Western Australia) referred power to the Commonwealth under the Constitution to enable the FLA 1975 to deal with family disputes involving children whose parents are not married. However, property matters relating to de facto couples remained a matter for State law. With the advent of the superannuation amendments on 28 December 2002, married couples were able to divide their superannuation interests as ‘proper ty’ under the FLA 1975. The Commonwealth preferred to retain the superannuation regime; it was not prepared to amend superannuation industry legislation to accommodate State legislation for the splitting of de facto couples’ entitlements. After years of anomalies in States’ de facto property laws, the need for uniformity in the division of superannuation became a catalyst for referring de facto property schemes to the Commonwealth. The process of referral
You should be familiar with the following areas: ¾ the treatment of superannuation on marriage breakdown ¾ contribution factors and other factors in altering property
interests ¾ the treatment of initial contributions ¾ global, asset by asset and ‘two pools’ approaches ¾ the treatment of the homemaker contribution ¾ s 75(2) of the Family Law Act (FLA) 1975 matters ¾ income disparity ¾ five grounds for setting aside property orders ¾ the significance of full and frank disclosure ¾ the treatment of third party interests ¾ qualifying to come within the Property (Relationships) Act
1984 (NSW) ¾ constructive trusts in de facto property claims
is proceeding at the time of print. The distinction between matrimonial and de facto property is retained in this chapter.
