• Specific Year
    Any

RELATIONSHIPS ACT 2008 (NO. 12 OF 2008) - NOTES

RELATIONSHIPS ACT 2008 (NO. 12 OF 2008) - NOTES

No. 12 of 2008

__________________





08-012a00.jpg

Victoria



Relationships Act 2008[†]

No. 12 of 2008

[Assented to 15 April 2008]

ENDNOTES

Endnotes


[†]     Minister's second reading speech—

    Legislative Assembly: 6 December 2007

    Legislative Council: 13 March 2008

    The long title for the Bill for this Act was "A Bill for an Act to establish a relationships register in Victoria for the registration of domestic relationships, to provide for relationship agreements, to provide for property adjustment between domestic partners and for maintenance, to repeal Part IX of the Property Law Act 1958, to make consequential amendments to other Acts and for other purposes."

INDEX

Subject

Section

Act



    amendment of Property Law Act 1958

72

    commencement

2

    consequential amendments to other Acts

73, Sch. 1

    purposes

1, 4, 34

    regulations

71

    transitional provisions

74

Certificates

22, 27, 31

County Court See Courts



Courts



    jurisdiction

65, 69

        powers regarding



enforcement of orders

70

execution of deeds, instruments

60

orders for maintenance

51, 52, 56, 58

orders, injunctions in absence of party

61

property of domestic partners

40–50, 58

protection of interests of other parties

64

relationship agreements

37, 59

revocation of registration of relationships

16

stay, dismissal of proceedings

68

transactions to defeat claims

63

transfer of proceedings

66, 67

variation, setting aside of orders

62

Definitions

3, 5, 35, 39, 63, 74

Domestic partners (defs)

35, 39

Domestic relationships (defs)

35, 39

False, misleading representations

29

Family Court proceedings

47

Fees

75

Magistrates' Court See Courts



Maintenance payments



        applications

41–43

    cessation of orders

54

    definitions

39

    duty of court to end financial relationships

44

    effect of subsequent relationships, marriage

53

    interim orders

52

        making of court orders

51

        periodic maintenance

54, 56

        recovery of arrears

55

    variation, setting aside of orders

57, 62

Offences and penalties



    false, misleading representations

29

    falsification of certificates

31

    non-compliance with directions of Registrar

18

    unauthorised access, interference with Register

30











Subject

Section

Property



    adjournment of applications

46, 47

        applications for adjustment of interests in

41–43

        Court declaration of interests in

40

    deferral of orders

48

    definitions

39

    duty of court to end financial relationships

44

    making of orders for adjustment

45

        recovery of arrears

55

    significant change in financial circumstances

46

    variation, setting aside of orders

62

Registered relationships See Registration



Registrar



    definition

5

    powers, duties regarding



certificates

22, 27, 31

information in Register

27

inquiries

18

provision of information to Minister

32

records

26

registration of relationships

8–10, 27

revocation of registration

11, 12, 15

statutory declarations

33

See also Relationships Register



Registration



    applications

6, 7

    determination by Registrar

10

    fees

7, 12

    provision of further information

8

    registered relationships (def.)

3

    registrable relationships (def.)

5

    revocation by application

12, 15

    revocation by court order

16

    revocation by death, marriage

11

    service of revocation application

13

    withdrawal of application

9

    withdrawal of revocation application

14

Regulations

71

Relationship agreements



    definitions

35

    domestic partners (def.)

35

    domestic relationships (def.)

35

        effect of death of a partner

38

        orders to be consistent with

59

    property (def.)

35

    subject to law of contract

36

        variation, setting aside by courts

37















Subject

Section

Relationships Register



        access to information

23, 24

        certificates

22, 27, 31

    contents

17

    correction, amendment by Registrar

19

    definition

5

    establishment

4

    fees

19, 21, 22, 25

    maintenance by Registrar

17

        privacy

20, 24

        registrable information (def.)

5

    searches

21

    unauthorised access, interference with

30

Review

28

Supreme Court See Courts



Transitional provisions

74

Victorian Civil and Administrative Tribunal

28