Supreme Court (Judges Pensions) Act 1980

Subject to this section, where the surviving partner of a Judge or retired Judge, being a surviving partner who became entitled upon the death of the Judge or retired Judge to a pension under this Act, has died, there shall be paid, in respect of each eligible child of the surviving partner of the Judge or retired Judge (other than a child of any further relationship of the surviving partner) a pension at the rate of $520 per annum or at the rate of such amount per annum as is determined in accordance with subsection (2), whichever is the higher rate.

The amount to be determined for the purposes of subsection (1) is the sum of $208 and an amount ascertained by dividing by 4 (or, if the number of eligible children in respect of whom pension is payable under this section is greater than 4, by the number of those children) the annual amount of the pension that, but for the death of the surviving partner, would, by virtue of section 5 or 6, have been payable to the surviving partner.

If a retired Judge married, or entered a de facto relationship with, the Judge's surviving partner:

after the Judge's retirement;

after the Judge attained the age of 60 years; and

less than 5 years before the Judge died,

a pension is not, upon the death of the surviving partner of the retired Judge, payable under this section in respect of:

a child of that marriage or de facto relationship; or

any other child of the surviving partner.