Property (Relationships) Act 1984

This Act may be cited as the Property (Relationships) Act 1984.

Sections 1 and 2 shall commence on the date of assent to this Act.

Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

adult person means a person of or above the age of 18 years.

applicant includes a cross-applicant.

appointed day means the day appointed and notified under section 2 (2).

de facto relationship—see section 4.

domestic relationship—see section 5.

financial resources, in relation to parties to a domestic relationship or either of them, includes—

a prospective claim or entitlement in respect of a scheme, fund or arrangement under which superannuation, retirement or similar benefits are provided,

property which, pursuant to the provisions of a discretionary trust, may become vested in or used or applied in or towards the purposes of the parties to the relationship or either of them,

property, the alienation or disposition of which is wholly or partly under the control of the parties to the relationship or either of them and which is lawfully capable of being used or applied by or on behalf of the parties to the relationship or either of them in or towards their or his or her own purposes, and

any other valuable benefit.

property, in relation to parties to a domestic relationship or either of them, includes real and personal property and any estate or interest (whether a present, future or contingent estate or interest) in real or personal property, and money, and any debt, and any cause of action for damages (including damages for personal injury), and any other chose in action, and any right with respect to property.

regulation means a regulation made under this Act.

Supreme Court means the Supreme Court of New South Wales.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(Repealed)

A reference in this Act to periodic maintenance is a reference to maintenance paid or payable or to be paid, as the case may require, by means of a weekly, fortnightly, monthly, yearly or other periodic sum.

For the purposes of this Act, a registered relationship or an interstate registered relationship, within the meaning of the Relationships Register Act 2010, is a de facto relationship.

Notes included in this Act do not form part of this Act.

For the purposes of this Act, a de facto relationship is a relationship between two adult persons—

who live together as a couple, and

who are not married to one another or related by family.

In determining whether two persons are in a de facto relationship, all the circumstances of the relationship are to be taken into account, including such of the following matters as may be relevant in a particular case—

the duration of the relationship,

the nature and extent of common residence,

whether or not a sexual relationship exists,

the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties,

the ownership, use and acquisition of property,

the degree of mutual commitment to a shared life,

the care and support of children,

the performance of household duties,

the reputation and public aspects of the relationship.

No finding in respect of any of the matters mentioned in subsection (2) (a)–(i), or in respect of any combination of them, is to be regarded as necessary for the existence of a de facto relationship, and a court determining whether such a relationship exists is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case.

Except as provided by section 6, a reference in this Act to a party to a de facto relationship includes a reference to a person who, whether before or after the commencement of this subsection, was a party to such a relationship.

For the purposes of this Act, a domestic relationship is—

a de facto relationship, or

a close personal relationship (other than a marriage or a de facto relationship) between two adult persons, whether or not related by family, who are living together, one or each of whom provides the other with domestic support and personal care.

For the purposes of subsection (1) (b), a close personal relationship is taken not to exist between two persons where one of them provides the other with domestic support and personal care—

for fee or reward, or

on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation).

A reference in this Act to a child of the parties to a domestic relationship is a reference to any of the following—

a child born as a result of sexual relations between the parties,

a child adopted by both parties,

where the domestic relationship is a de facto relationship between a man and a woman, a child of the woman—

of whom the man is the father, or

of whom the man is presumed, by virtue of the Status of Children Act 1996, to be the father, except where such a presumption is rebutted,

where the domestic relationship is a de facto relationship between two women, a child of whom both of those women are presumed to be parents by virtue of the Status of Children Act 1996,

a child for whose long-term welfare both parties have parental responsibility (within the meaning of the Children and Young Persons (Care and Protection) Act 1998).

Except as provided by section 6, a reference in this Act to a party to a domestic relationship includes a reference to a person who, whether before or after the commencement of this subsection, was a party to such a relationship.

For the purposes of sections 4 and 5, persons are related by family if—

one is the parent, or another ancestor, of the other, or

one is the child, or another descendant, of the other, or

they have a parent in common.

For the purposes of this section—

a person is taken to be an ancestor or descendant of another person even if the relationship between them is traced through, or to, a person who is or was an adopted child, and

the relationship of parent and child between an adoptive parent and an adopted child is taken to continue even though the order by which the adoption was effected has been annulled, cancelled or discharged or the adoption has otherwise ceased to be effective, and

the relationship between an adopted child and the adoptive parent, or each of the adoptive parents, is taken to be or to have been the natural relationship of child and parent, and

a person who has been adopted more than once is taken to be the child of each person by whom he or she has been adopted.

In subsection (2), adopted means adopted under the law of any place, whether in Australia or not, relating to the adoption of children.

Subsection (2) applies in relation to a child whose parentage is transferred as a result of a parentage order, or an Interstate parentage order, within the meaning of the Surrogacy Act 2010 in the same way as it applies in relation to an adopted child. For that purpose, a reference in that subsection to an adoptive parent is to be read as a reference to a person to whom the parentage of a child is transferred under such a parentage order.

This Act (except Part 5) does not apply to or in respect of—

a de facto relationship which ceased before the appointed day, or

a person in so far as he or she was a party to a de facto relationship referred to in paragraph (a).

Without affecting subsection (1), this Act, as amended by the Property (Relationships) Legislation Amendment Act 1999, does not (except for Part 5) apply to or in respect of—

a domestic relationship that ceased before the commencement of this subsection, or

a person in so far as he or she was a party to a relationship referred to in paragraph (a).

Nothing in this Act derogates from or affects any right of a party to a domestic relationship to apply for any remedy or relief under any other Act or any other law.

Without limiting the generality of section 7, in proceedings between parties to a domestic relationship with respect to existing title or rights in respect of property, a court may declare the title or rights, if any, that either party to the relationship has in respect of the property.

Where a court makes a declaration under subsection (1), it may make consequential orders to give effect to the declaration, including—

orders as to possession, and

in the case of the Local Court, orders of the kind which may be made under section 38 (1) (b), (c), (i) and (j).

An order under this section is binding on the parties to the relationship but not on any other person.

Subject to this Act, a person may apply to—

the Supreme Court, or

the Local Court,

for an order or relief under this Act.

Except as provided by section 12, the Local Court shall not have jurisdiction under this Act—

in relation to property, to declare a title or right or adjust an interest, or

to make an order for maintenance,

of a value or amount in excess of the jurisdictional limit of the Local Court when sitting in its General Division within the meaning of the Local Court Act 2007.

Where there are pending in a court proceedings that have been instituted under this Act by or in relation to a person and it appears to the court that other proceedings that have been so instituted by or in relation to the same person are pending in another court having jurisdiction under this Act, the firstmentioned court—

may stay the proceedings pending before it for such time as it thinks fit, or

may dismiss the proceedings.

Where there are pending in a court proceedings that have been instituted under this Act and it appears to the court that it is in the interests of justice that the proceedings be dealt with in another court having jurisdiction under this Act, the court may transfer the proceedings to the other court.