A, WM v S, J

A, WM v S, J involves a dispute over financial matters following the breakdown of a de facto relationship between the parties. The case was heard in the Supreme Court of South Australia. The central issue was whether the proceedings should be governed by the Family Law Act 1975 (Cth) or the Domestic Partners Property Act 1997 (SA), given the timing of the referral of powers to the Commonwealth and the separation of the parties. The court was required to determine the applicable legislation and whether the Commonwealth Act's referral power could retrospectively affect relationships that ended before the effective date of the referral.

The court considered the timeline of the parties' relationship and the effective dates of the relevant legislation. It was established that the parties separated in late February or early March 2009, well before the referral power became effective on 10 December 2009. The court found that the Family Law Act (Cth) did not apply to the proceedings as the relationship had ended prior to the relevant transition time. Despite the referral of jurisdiction to the Commonwealth, the court held that the State Act was the applicable legislation for this case. The court also noted that to the extent of any inconsistency, the Commonwealth Act would prevail under s 109 of the Commonwealth of Australia Constitution Act 1900.

In conclusion, the Supreme Court of South Australia held that the Domestic Partners Property Act 1997 (SA) governed the proceedings. The court's decision meant that the Family Law Act 1975 (Cth) did not apply to the case. The final orders were reserved pending further submissions on the division of property between the parties.