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NSW Family Law - Verify Section 51 of the Australian Constitution?

Discussion in 'Family Law Forum' started by Dave Pearsen, 20 November 2015.

  1. Dave Pearsen

    Dave Pearsen Active Member

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    Section 51(xxxvii) of the Australian Constitution - Wikipedia, the free encyclopedia

    Can anyone confirm if this Wikipedia summary is generally correct and accurate, specifically regarding the section titled "No jurisdiction over de facto relationships outside Australia" in the constitution? Is this section summary true in all cases? Or are there certain cases whereby the Australian family law court could enforce de facto status onto couples engaged in relationships outside of Australia (and then make rulings about a division of assets, etc)?
     
  2. AllForHer

    AllForHer Well-Known Member

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    If the parties aren't Australian citizens or haven't been living in Australia such that they consider Australia their usual home and have residency, it won't have jurisdiction over their relationship or any aspect of it, including property settlement. The Constitution rules all. No other legislation in Australia can lawfully decry the Constitution.
     
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  3. Dave Pearsen

    Dave Pearsen Active Member

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    Thank you.

    Could it have jurisdiction when an Australian citizen has a de facto relationship in a foreign country with a foreign citizen?

    What if two Australian citizens have a de facto relationship in a foreign country that are ordinarily resident in?
     
  4. Tim W

    Tim W Lawyer

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    Perhaps tell us more of your story?
    We can't give you proper answers by poking through fog with a stick.
     
  5. Dave Pearsen

    Dave Pearsen Active Member

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    Hi Tim,

    My questions aren't in regards to a particular case, I'm doing some research on the topic generally.

    If you can direct me to any useful online resources to do more in-depth research the topic, I would appreciate it.

    Thanks
     
  6. Tim W

    Tim W Lawyer

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  7. Dave Pearsen

    Dave Pearsen Active Member

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    Thanks, I've read though those materials.

    I was looking more for interpretations and opinions on the section given by experts, such as given on the Wikipedia page.
     
  8. Tim W

    Tim W Lawyer

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    I think you're looking for an answer to a specific question.
    Just ask it.
     

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