Victorian Consolidated Legislation

Property Law Act 1958 - SECT 275

Definitions

275. Definitions



(1) In this Part-

applicant includes a cross-applicant;



child in relation to domestic partners means-

   (a)  a child born as a result of sexual relations between the partners; or

   (b)  a child of one of the partners of whom the other partner is presumed
        to be the father under Part 2 of the Status of Children Act 1974; or

   (c)  a child adopted by the partners;

* * * * *





* * * * *





domestic partner of a person means a person with whom the person is or has
been in a domestic relationship;



domestic relationship means the relationship between two people who, although
not married to each other, are living or have lived together as a couple on a
genuine domestic basis (irrespective of gender);

financial resources includes-

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

   (b)  property which, under a discretionary trust, may become used for the
        purposes of or vested in one or both of the domestic partners; and

   (c)  property, the alienation or disposition of which is wholly or partly
        under the control of one or both of the domestic partners and which is
        lawfully capable of being used for the purposes of one or both of the
        domestic partners; and

   (d)  any other valuable benefit;

property includes real and personal property and any 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 thing in
action, and any right with respect to property.

(2) For the purposes of the definition of domestic relationship in subsection
(1), in determining whether a domestic relationship exists or has existed, all
the circumstances of the relationship are to be taken into account, including
any one or more of the following matters as may be relevant in a particular
case-

   (a)  the duration of the relationship;

   (b)  the nature and extent of common residence;

   (c)  whether or not a sexual relationship exists;

   (d)  the degree of financial dependence or interdependence, and any
        arrangements for financial support, between the parties;

   (e)  the ownership, use and acquisition of property;

   (f)  the degree of mutual commitment to a shared life;

   (g)  the care and support of children;

   (h)  the reputation and public aspects of the relationship.