Same Sex Couples: Equity's Response
AbstractThis article formed the basis of the conference address delivered by Justice David Malcolm, the Chief Justice of the Western Australian Supreme Court. The article discusses the courts' application of equitable principles in determining the rights of couples in same sex relationships. Illustrative cases are drawn from Australian, New Zealand and Canadian jurisdictions. The general application of equity to relationships is first discussed. This is then compared to its application to same sex couples. The examples used illustrate that equity has been applied to same sex couples in a similar fashion to traditional relationships. Details and comment are included of relationship rights granted under the different legislative schemes. |