New South Wales Consolidated Acts

PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 56

56 Declaration as to existence of domestic relationship

(1) A person who alleges that a domestic relationship exists or has existed between the person and another named person or between 2 named persons may apply to the Supreme Court for a declaration as to the existence of a domestic relationship between the persons.

(2) If, on an application under subsection (1), it is proved to the satisfaction of the Court that a domestic relationship exists or has existed, the Court may make a declaration (which shall have effect as a judgment of the Court) that persons named in the declaration have or have had a domestic relationship.

(3) Where the Court makes a declaration under subsection (2), it shall state in its declaration that--

(a) the domestic relationship existed as at a date specified in the declaration, or

(b) the domestic relationship existed between dates specified in the declaration,

or both.

(4) Where any person whose interests would, in the opinion of the Court, be affected by the making of a declaration under subsection (2) is not present or represented, and has not been given the opportunity to be present or represented, at the hearing of an application under subsection (1), the Court may, if it thinks that that person ought to be present or represented at the hearing, adjourn the hearing in order to enable that person to be given an opportunity to be so present or represented.

(5) A declaration may be made under subsection (2) whether or not the person or either of the persons named by the applicant as a party or parties to a domestic relationship is alive.

(6) While a declaration made under subsection (2) remains in force, the persons named in the declaration shall, for all purposes, be presumed conclusively to have had a domestic relationship as at the date specified in the declaration or between the dates so specified, or both, as the case may require.

(7) Where a declaration has been made under subsection (2) and, on the application of any person who applied or could have applied for the making of the declaration or who is affected by the declaration, it appears to the Court that new facts or circumstances have arisen that have not previously been disclosed to the Court and could not by the exercise of reasonable diligence have previously been disclosed to the Court, the Court may make an order annulling the declaration, and the declaration shall thereupon cease to have effect, but the annulment of the declaration shall not affect anything done in reliance on the declaration before the making of the order of annulment.

(8) Where any person whose interests would, in the opinion of the Court, be affected by the making of an order under subsection (7) is not present or represented and has not been given an opportunity to be present or represented, at the hearing of an application made under that subsection, the Court may, if it thinks that that person ought to be present or represented at the hearing, adjourn the hearing in order to enable that person to be given an opportunity to be so present or represented.

(9) Where the Court makes an order under subsection (7) annulling a declaration made under subsection (2), it may, if it thinks that it would be just and equitable to do so, make such ancillary orders (including orders varying rights with respect to property or financial resources) as may be necessary to place as far as practicable any person affected by the annulment of the declaration in the same position as that person would have been in if the declaration had not been made.