New South Wales Consolidated Acts

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PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 3

Definitions

3 Definitions

(1) 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) a prospective claim or entitlement in respect of a scheme, fund or arrangement under which superannuation, retirement or similar benefits are provided,
(b) 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,
(c) 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
(d) 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.
(3) 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.
(4) 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.
(5) Notes included in this Act do not form part of this Act.



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