Former Family Court Chief Justice, Professor Alastair Nicholson, has advocated for the federal government to grant same-sex couples access to the Family Court to settle property disputes in the event of a break-up.

Nicholson wrote to federal Attorney-General Robert McClelland to push for the reform, which would allow gay couples access to the substantially cheaper specialist court and its mediators, instead of the State Supreme Court.

“To force same-sex couples to…rely on State Supreme Courts, which are often more expensive and whose personnel have less experience in family law matters, would be a continuing breach of the human rights of lesbians and gay men and their families,” wrote Nicholson, in a letter seen by MCV.

Nicholson also suggested that the federal government recognise gay couples listed on state relationship registers. At present the government will allow same-sex couples to use the Family Court only as de factos.

Greens Senator Kerry Nettle will address Nicholson’s suggestions in the senate estimates this week.

“If the government fails to give registered relationships recognition under federal law, including access to the Family Court, then they will have failed the non-discrimination test,” Nettle said in a statement.

The Victorian Gay and Lesbian Rights Lobby have welcomed Professor Nicholson’s statements.

“The notion of family is a deeply personal one, and one that is changed radically since the introduction of Family Court Act,” Lobby co-convener Stephen Jones told MCV.

“We will closely monitor any move by the Australian Christian Lobby to oppose access by same-sex couples without children,” he added.

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