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Gay and Lesbian Law Journal

Abstract from Volume 10 (2002)

Will I Receive Your Death Benefit? It All Depends …

Craig Delphine

The way in which the term "dependant" - as it exists in the superannuation context - is interpreted by the courts has significant consequences for lesbians and gay men. On a favourable interpretation rests their ability to receive the superannuation benefit payable on the death of a partner. Delphine examines the notion of "dependence" as it has evolved in the courts over recent years. He concludes that there is strong authority to support the proposition that the parties to most de facto type relationships - of the same or opposite sex - would be found to be dependent on each other. Consequently, they would be eligible to receive the benefit payable on the death of one of them.

(2002) 10 G&LLJ 81
Keywords: Superannuation; Same sex relationships

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