A new Bill, giving Australian de facto partners caught in corporate and financial disputes the same privileges as married couples, could create more uncertainty for companies and third parties involved with them.

Brisbane-based Barry & Nilsson special counsel Adam Cooper said if the Senate passes the proposed 2008 Family Law Amendment courts would have greater powers to order, restrain, and alter both the property and proprietary rights of third parties. "Let's say a person in a de facto relationship is a shareholder or sole director of a company. If the business owes money to the bank, the court can order the bank to alter its interests in enforcing debts or even restrain it," he said.

Cooper said the new Bill would bring more work for Queensland lawyers, particularly for matters concerning when the relationship ended. "There will be substantially more work in NSW as well, because their legislation is quite different. Namely, there are no future needs aspects that tend to favour women," he said.

The amendment does not apply to people in a de facto relationship that ended prior to the Bill's approval. However, people may put off plans to end their de facto relationship to take advantage of the changes, he said.

The new legislation is currently being considered for all states and territories, excluding South Australia and Western Australia, where state governments are in talks with the federal government.