Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 3

Definitions

3. Definitions





(1) In this Act unless inconsistent with the context or subject-matter-

Court means the Supreme Court of Victoria;

domestic partner of a person who dies means a registered domestic partner or
an unregistered domestic partner of that person;





dust-related condition means-

   (a)  a disease specified in the First Schedule; or

   (b)  any other pathological condition of the lungs, pleura, peritoneum or
        sinus that is attributable to dust; legal practitioner means an
        Australian legal practitioner within the meaning of the
        Legal Profession Act 2004;



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parent of a child includes a person who has day to day care and control of the
child and with whom the child is ordinarily resident;

Part means Part of this Act;

partner of a person who dies means the person's spouse or domestic partner;



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registered domestic partner of a person who dies means a person who, at the
time of the person's death, was in a registered relationship with the person
within the meaning of the Relationships Act 2008;

registrar means the registrar of probates appointed pursuant to the
Supreme Court Act 1986 and includes an assistant registrar of probates;



small estate means an estate not exceeding the values specified in section
71(1);

spouse of a person who dies means a person who was married to the person at
the time of the person's death;

State Trustees means State Trustees Limited (A.C.N. 064 593 148);





the Rules means the Rules of Court made by the Judges of the Court whether
made under powers conferred under this Act or otherwise. unregistered domestic
partner of a person who dies means a person (other than a registered domestic
partner of the person) who, although not married to the person-

   (a)  was living with the person at the time of the person's death as a
        couple on a genuine domestic basis (irrespective of gender); and

   (b)  either-

   (i)  had lived with the person in that manner continuously for a period of
        at least 2 years immediately before the person's death; or

   (ii) is the parent of a child of the person, being a child who was under 18
        years of age at the time of the person's death.

(2) In this Act, if the context requires-

   (a)  a reference to the granting of probate or administration is to be
        construed as a reference to the making of an order granting probate or
        administration; and

   (b)  a reference to a grant is to be construed as a reference to an order
        for a grant; and

   (c)  a reference to probate is to be construed as a reference to an order
        for a grant of probate; and

   (d)  a reference to administration is to be construed as a reference to an
        order granting letters of administration.

(3) For the purposes of the definition of unregistered domestic partner in
subsection (1), in determining whether persons were unregistered domestic
partners of each other, all the circumstances of their relationship are to be
taken into account, including any one or more of the matters referred to in
section 35(2) of the Relationships Act 2008 as may be relevant in a particular
case.