High Court challenge to ACT gay marriage laws on today
Tuesday December 3, 2013

High Court challenge to ACT gay marriage laws on today

Tuesday, December 03, 2013
The High Court will, within the hour, commence to hear the challenge by the Commonwealth to the ACT’s equal marriage laws. The case will be heard today and tomorrow.

If the challenge is successful, then the High Court may issue orders to take effect before Saturday to prevent the first weddings under the new laws taking place then.

It is possible that if the challenge is successful, but no result is known for some time, that those who have married under these laws may then find their marriages in effect invalid.

The other possibility of course is that the High Court will uphold the validity of the ACT laws. The reality is that we don’t know what approach the High Court will take, and experts have been divided about which approach is more likely- as I have blogged before.

If the High Court upholds the validity of the laws, it is highly likely that similar laws will then be passed in NSW, Tasmania, South Australia and possibly Western Australia. If the laws are not upheld, then it is certain that those States will not legislate, because their laws would be the subject of substantially the same challenge.

Fingers crossed.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen
Paid Egg Donation in Australia: What Can Be Reimbursed

Paid egg donation in Australia: is it legal?

Can someone be paid to donate eggs in Australia? The short answer is no. Human eggs cannot lawfully be treated as something to buy or sell. Australia permits altruistic egg donation, not commercial egg donation. But that is not the end of the story. A donor may be reimbursed for reasonable expenses associated with the… Read More »Paid egg donation in Australia: is it legal?

Egg Freezing in Prison: The High Court’s Decision in Smith

Egg Freezing in Prison: The High Court’s Decision in Smith

Does a prison sentence also mean losing the opportunity to become a parent after release? That question sits at the heart of Smith v Chief Executive, Queensland Corrective Services, a powerful High Court decision about egg freezing, fertility preservation and the limits of punishment. The High Court unanimously found that egg freezing did not fall… Read More »Egg Freezing in Prison: The High Court’s Decision in Smith

Queensland Donor Limits - Lesbian Couples Now One Family

Donor limits Queensland: lesbian couples now one family

A lesbian couple using the same sperm donor should not become two families simply because both women want to carry a child. That is the straightforward principle behind Queensland Health’s reversal of its guidance on donor limits. The revised guidance recognises those women as one family for the purposes of Queensland’s donor limit. It removes… Read More »Donor limits Queensland: lesbian couples now one family

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board