Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 63

63 Meaning of spouse

(1) For this part, the
"spouse" of a deceased person includes a de facto partner of the deceased only if the deceased and the de facto partner lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA —

(a) generally—

(i) for a continuous period of at least 2 years ending on the deceased’s death; or

(ii) for a shorter period ending on the deceased’s death, if the circumstances of the de facto relationship of the deceased and the de facto partner evidenced a clear intention that the relationship be a long-term, committed relationship; or

(b) if the deceased left a dependant who is a child of the relationship—immediately before the deceased’s death.

(2) In this section—

"child of the relationship" means a child of the deceased person and the de facto partner, and includes a child born after the deceased’s death.

"dependant" , of a deceased person, includes a child born after the deceased’s death who would have been wholly or partially dependent on the deceased’s earnings after the child’s birth if the deceased had not died.