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Article: South Australia Misses Out On De Facto Legislation.
- Article from:
- Mondaq Business Briefing
- Article date:
- May 12, 2009
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The Commonwealth Parliament has recently passed the Family Law Amendments (De Facto Financial Matters and Other Measures) Act 2008. The legislation brings de facto relationship property division under the Family Law Act. However, this long anticipated and far reaching change in the law for the division of property of de facto couples will not apply in South Australia.
Western Australia and South Australia are the only two States not to have referred power to the Commonwealth to legislate about de facto couples. Accordingly, South Australia is still governed by the State legislation, the Domestic Partners Property Act. The non referral of powers by South Australia ...