Scott-Mackenzie v Bail

[2017] VSCA 108

Victorian Court of Appeal

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Interrogate

Catchwords

1. Family Provision
2. › Eligible persons
3. › Stepchild of deceased
4. › Whether child of deceased's domestic partner is a 'stepchild'
5. › Whether marriage required between natural parent and deceased
6. › Administration and Probate Act 1958 (Vic), s 90
1. Statutory Interpretation
2. › Text, context and purpose
3. › Meaning of undefined term
4. › Whether natural and ordinary meaning of 'stepchild' includes child of domestic partner
5. › Equal treatment of spouses and domestic partners as contextual indicator
6. › Interpretation of Legislation Act 1984 (Vic), s 35
1. Words and Phrases
2. › 'Stepchild'
3. › 'Eligible person'
4. › Administration and Probate Act 1958 (Vic), s 90

Quick Take

The word 'stepchild' in the definition of 'eligible person' in s 90 of the Administration and Probate Act 1958 (Vic) includes the child of a deceased's former domestic partner, not only the child of a person who was married to the deceased. The decision in Popple v Rowe, which held that marriage was required for a stepchild relationship, does not govern the meaning of 'stepchild' under the current Act.