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Arkie

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Ive just got an assesment andi can choose from 4 topics:

Same sex relationship
De facto relationship
Parent and Children
Divorce

What topic would probably have the most stuff on it?
and the areas i gotta cover are

1) what changes have occured in this area since 1959?
2) Why have these changes occurred? (consider societal changes etc.)
3) What are the mechanisms and processes that have produced these changes?
 

Eclipse008

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De facto is pretty broad. You can talk about how marriage isn't viewed as significantly in society, the influence of a multicultural society (and thus, the declining power of the Church).
 

jeff.wong

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Same sex relationship, can look at:
Toonen v. Australia
Hope and Brown v. NIB Health Fund Ltd [1995]
Family Leave Test Case (1994) and Personal Carers Leave Test Case (1995)
W v. G (1996)
Property (relationships) Legislation Amendment Act 1999 (NSW)
Proposals for civil unions
HREOC: Same Sex: Same entitlement report
Following this report, "reforms amend 84 Commonwealth laws to eliminate discrimination against same‑sex couples and their children in a wide range of areas, including social security, taxation, Medicare, veteran’s affairs, workers’ compensation, educational assistance, superannuation, family law and child support."
Miscellaneous Act Amendment (Same Sex Relationship) 2008
Trends in legalising same sex marriages in other developed common law countries
 

Eclipse008

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If you're doing Same sex there's also the case of Re Kevin. (I think that's it)
The one where a guy had a sex change and tried to get married.
 

jeff.wong

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If you're doing Same sex there's also the case of Re Kevin. (I think that's it)
The one where a guy had a sex change and tried to get married.
Ye you can, you can introduce by Corbett v. Corbett (1970) and bring in Re Kevin [2001] which overrule the decision in the first case.

Re Kevin [2001] established that:


  • For the purpose of ascertaining the validity of a marriage under Australian law, the question whether a person is a man or a woman is to be determined as of the date of the marriage.
  • There is no rule or presumption that the question whether a person is a man or a woman for the purpose of marriage law is to be determined by reference to circumstances at the time of birth. Anything to the contrary in Corbett v. Corbett (otherwise Ashley) [1971] does not represent Australian law.
  • Unless the context requires a different interpretation, the words ‘man’ and ‘woman’ when used in legislation have their ordinary contemporary meaning according to Australian usage. That meaning includes post-operative transsexuals as men or women in accordance with their sexual reassignment.
 

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