Alex Hawke (Mitchell, Liberal Party, Minister for International Development and the Pacific) Share this | Hansard source

I thank members for their contributions to the debate on this bill. This bill implements a narrow referral of power from the Parliament of Western Australia which will allow separating de facto couples in that state to split superannuation in the same way as de facto unmarried couples elsewhere in Australia. The bill will also allow Western Australian de facto couples to have bankruptcy matters heard concurrently with their family law proceedings, avoiding the need to pursue them as separate proceedings in two different courts. The measures in this bill will end an inequality that has been faced by separating de facto couples in Western Australia for the past 10 years. These important measures will provide greater access to justice for WA de facto couples by providing fairer and faster resolution of their disputes. The bill will mean WA de facto couples will be able to achieve a fair split of their superannuation assets as part of a property settlement and will also save them valuable time and money in resolving bankruptcy and family law disputes together.

The bill establishes a new part of the Family Law Act 1975 dealing solely with superannuation splitting for separating de facto couples in Western Australia. This new part largely replicates the existing superannuation-splitting provisions and definitions that apply to married and de facto couples in other states and territories. The bill will enable a separating de facto couple in Western Australia to make an agreement to split their superannuation or enable a court to make orders splitting the parties' superannuation interests. The bill will also enable separating Western Australian de facto couples to participate in private arbitration of their superannuation proceedings, as their counterparts in other jurisdictions can do.

Consistent with recommendations from the Senate Legal and Constitutional Affairs Committee, the bill will provide that the measures apply to all separating Western Australian de facto couples who have not received final property orders at the time of commencement and who otherwise meet the requirements in the bill. The bill provides that final court orders or agreements made before commencement which are not terminated or set aside will not be affected by the enactment of this bill. This will provide certainty for de facto couples in Western Australia whose property division has also been resolved.

Schedule 2 of the bill will extend federal bankruptcy jurisdiction to the Family Court of Western Australia. This will allow bankruptcy in family law matters of de facto couples to be heard concurrently in a single court. Currently de facto couples in Western Australia need to resolve these matters through separate proceedings in two different courts. The ability to have bankruptcy and family law matters heard together will bring de facto couples in line with married couples in Western Australia and with married and de facto couples in other states and territories.

The measures of this bill provide a vital role in ending disadvantage for Western Australian de facto couples. By enabling these couples to split their superannuation and to commence concurrent family law and bankruptcy matters in the same court, the bill will help Western Australian de facto couples resolve their disputes in a fairer, faster and simpler way. I thank the members for their contributions. I commend the bill to the House.

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