Legal update: Australian pet owners receive new rights, legal protections
Changes in national and state laws in Australia could impact pet ownership for years to come. GlobalPETS has the details.
Recent legal developments in Australia are set to change pet ownership rights. At the federal level, an amendment will formally recognize companion animals as a distinct category of property in divorce and separation settlements.
In New South Wales, the Residential Tenancies Amendment Act will allow tenants to request permission from landlords to keep pets.
Federal update
An amendment to Australia’s Family Law will clarify the rights to ownership of companion animals in divorce and separation settlements from 10 June 2025.
The change, passed by the Federal Parliament at the end of last year, defines pets as a specific type of property and sets out the considerations about pet ownership in these circumstances.
The new law will give courts additional guidance on deciding who is best suited to keep a pet in the event of a hotly contested separation. Family law courts must consider both any history of animal abuse by either party to a separation and the emotional attachment of either party (or a party’s children) to a pet. The law states that courts may not grant joint ownership or sharing arrangements.
The specific designation of companion animals marks a new recognition that pets can be more emotionally significant than ordinary property.
New South Wales
The Residential Tenancies Amendment Act, which has been in the political debate since last year, introduces new regulations on the relationship between landlords and tenants in New South Wales (NSW), Australia’s most populous state.
From 19 May 2025, tenants have the right to request permission to keep pets in a rented home. According to the new provisions, the landlord has 21 days to respond.
Landlords can refuse pets only if it would bring the total number of pets to an “unreasonable” amount, if the animal is likely to cause significant damage or if the landlord resides on the property.
If a landlord consents to keeping a pet, they can impose “reasonable” conditions, which cannot include paying higher rent.
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