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In 2004, the Liberal [[Howard Government]] enacted the ''Marriage Amendment Act 2004'' to expressly ban same-sex marriage in Australia. It defined ''marriage'' as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life".
Until the enactment of the 2004 amendment, there was no definition in the 1961 Act of "marriage", and the [[common law]] definition used in the English case ''[[Hyde v Hyde]]'' (1866) was taken as applicable.<ref>Hyde v. Hyde and Woodmansee [http://www.uniset.ca/other/ths/LR1PD130.html {L.R.} 1 P. & D. 130].</ref> The definition pronounced by Lord Penzance in the case was: "I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others".<ref>[http://webdb.lse.ac.uk/gender/Casefinaldetail.asp?id=1&pageno=4 ''Hyde v Hyde'' casenote] {{webarchive|url=https://archive.
In 2009, the Labor [[Rudd Government (2007–10)|Rudd Government]] enacted the ''[[Family Law Act 2009 (Australia)|Family Law Act 2009]]'', which recognised the property rights of each partner of a [[de facto relationship]], including a same-sex relationship, for the purposes of the ''[[Family Law Act 1975]]''.
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