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.

Things to Read, Watch & Listen

Protecting Choice and Compassion: Stephen Page’s ALRC Submission on Human Tissue Laws

Australia’s human tissue laws are under review, and the implications are profound—particularly for families navigating assisted reproduction, posthumous sperm retrieval, and donor milk agreements.

A Call for National Reform: Stephen Page’s Submission on Surrogacy to the ALRC

Australia’s surrogacy laws remain inconsistent and outdated, varying widely between states and lacking a unified, national approach. In response to the Australian Law Reform Commission’s review, renowned family and fertility lawyer Stephen Page has submitted a detailed and passionate proposal for reform.

What You Need to Know About Separation & Divorce: Essential Pre-Separation Advice

What You Need to Know About Separation & Divorce

Contemplating separation or divorce can be one of the most challenging and emotionally taxing experiences in life. If you find yourself at this crossroads, it’s vital to approach the situation with foresight and preparation.

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