The legal recognition of close personal relationships in New South Wales - a case for reform

The term 'non-conjugal' is often used to describe personal adult relationships that fall outside the marriage model. While the debate on whether or not legal rights and obligations should be extended to these other personal relationships has received some (albeit limited) attention in recent literature, the practical effect of an extension of rights and obligations to non-conjugal relationships has largely been overlooked. This article reviews the practical application of the little known presumptive legal category of non-conjugal relationship in NSW the 'close personal relationship'. It includes a critique of the major cases decided under this regime over the last 11 years and, after identifying issues within the current regime, offers an alternative approach which links the legislative definition of the relationship to the social objectives underpinning the legislative regime.