{"id":"nsw:sl-2025-0433","name":"Property (Relationships) Regulation 2025","slug":"property-relationships-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"433 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173877,"registerId":"nsw-sl-2025-0433-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Property (Relationships) Regulation 2025](/view/html/inforce/current/sl-2025-0433).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2025.\n> \n> Note—\n> \n> This regulation replaces the [Property (Relationships) Regulation 2020](/view/html/repealed/current/sl-2020-0319), which is repealed on 1 September 2025 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> judgment of the Local Court means a judgment of the Local Court in its civil jurisdiction.\n> \n> maintenance order means an order for maintenance under the Act, Part 3.\n> \n> periodic maintenance order means an order for periodic maintenance under the Act, Part 3.\n> \n> proceedings, for Part 2—see section 4.\n> \n> the Act means the [Property (Relationships) Act 1984](/view/html/inforce/current/act-1984-147).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Proceedings before Local Court—the Act, s 61","content":"# Part 2 Proceedings before Local Court—the Act, s 61\n\nPart 2 Proceedings before Local Court—the Act, s 61","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Definition","content":"#### 4 Definition\n\n4 Definition\n\n> In this part—\n> \n> proceedings means proceedings in the Local Court in its exercise of jurisdiction under the Act.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Transcription of proceedings","content":"#### 5 Transcription of proceedings\n\n5 Transcription of proceedings\n\n> A proceeding must not be transcribed except by order of a Magistrate or registrar of the Local Court.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Directions about practice and procedure","content":"#### 6 Directions about practice and procedure\n\n6 Directions about practice and procedure\n\n> The Local Court may give directions in relation to the practice or procedure in a particular case if satisfied—\n> \n> > (a) the Act or this regulation does not adequately provide for the practice or procedure in the case, or\n> \n> > (b) it is unclear which practice or procedure applies in the case, or\n> \n> > (c) it would be unreasonable or impracticable to follow the practice or procedure that applies in the case.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Information about proceedings","content":"#### 7 Information about proceedings\n\n7 Information about proceedings\n\n> > (1) Information about proceedings must not be published other than by a registrar of the Local Court in the form of a list of proceedings containing the following—\n> > \n> > > (a) either—\n> > > \n> > > > (i) the initials of the parties, or\n> > > \n> > > > (ii) another reference to the parties that the registrar considers appropriate,\n> > \n> > > (b) the name of the Magistrate,\n> > \n> > > (c) the time at which, and the place or courtroom in which, the Magistrate will sit,\n> > \n> > > (d) a description of the general nature of the application to be heard by the Magistrate.\n> \n> > (2) In this section—\n> > \n> > publish has the same meaning as in the [Court Suppression and Non-publication Orders Act 2010](/view/html/inforce/current/act-2010-106).","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Searching and inspecting documents","content":"#### 8 Searching and inspecting documents\n\n8 Searching and inspecting documents\n\n> > (1) A person must not, without leave of a Magistrate or registrar of the Local Court, search or inspect documents relating to proceedings.\n> \n> > (2) Subsection (1) does not apply to the following persons—\n> > \n> > > (a) the Attorney General,\n> > \n> > > (b) a person authorised by the Attorney General to search or inspect documents on the Attorney General’s behalf,\n> > \n> > > (c) a party to the proceedings to which the documents sought relate.\n> \n> > (3) Leave may be granted under subsection (1) only to a person who demonstrates a proper interest in searching or inspecting the documents.\n> \n> > (4) In determining whether a person demonstrates a proper interest in searching or inspecting the documents for subsection (3), the Magistrate or registrar must consider the following matters—\n> > \n> > > (a) the impact of granting leave to the parties to the proceedings,\n> > \n> > > (b) the connection the person to whom the Magistrate or registrar is considering granting leave has to the proceedings,\n> > \n> > > (c) the reasons for which the person has sought to search or inspect the documents,\n> > \n> > > (d) other matters the Magistrate or registrar considers relevant.\n> \n> > (5) Leave may be granted subject to conditions determined by—\n> > \n> > > (a) the Local Court, or\n> > \n> > > (b) a registrar of the Local Court.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Payment of maintenance","content":"#### 9 Payment of maintenance\n\n9 Payment of maintenance\n\n> > (1) An amount of money required to be paid under a maintenance order must be paid to—\n> > \n> > > (a) the registrar of the Local Court, or\n> > \n> > > (b) a person specified by order of the Local Court.\n> \n> > (2) As soon as practicable after receiving payment of an amount of money under a maintenance order, the registrar of the Local Court or specified person must remit the money to the person in whose favour the order was made.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Enforcement of periodic maintenance orders—the Act, ss 57 and 61","content":"# Part 3 Enforcement of periodic maintenance orders—the Act, ss 57 and 61\n\nPart 3 Enforcement of periodic maintenance orders—the Act, ss 57 and 61","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Enforcement of Supreme Court order","content":"#### 10 Enforcement of Supreme Court order\n\n10 Enforcement of Supreme Court order\n\n> A periodic maintenance order made by the Supreme Court under the Act, section 27 may be enforced in the Local Court as if the order were a judgment of the Local Court.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Certificate for periodic maintenance order","content":"#### 11 Certificate for periodic maintenance order\n\n11 Certificate for periodic maintenance order\n\n> > (1) The Prothonotary of the Supreme Court or a relevant registrar of the Local Court may give a certificate set out in Schedule 1, Form 1 to a person in whose favour a periodic maintenance order has been made.\n> \n> > (2) The certificate—\n> > \n> > > (a) for an order made by the Supreme Court—must be signed by the Prothonotary and sealed with the seal of the Supreme Court, or\n> > \n> > > (b) for an order made by the Local Court—must be signed by the relevant registrar of the Local Court.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Certificate for amount of maintenance paid","content":"#### 12 Certificate for amount of maintenance paid\n\n12 Certificate for amount of maintenance paid\n\n> > (1) A registrar of the Local Court must, on request by a person in whose favour a periodic maintenance order has been made, give the person a certificate set out in Schedule 1, Form 2 specifying—\n> > \n> > > (a) the amount paid under the order on or before the date specified in the certificate, and\n> > \n> > > (b) the amount due under the order remaining unpaid on the date.\n> \n> > (2) A certificate under this section is evidence of the matters in subsection (1)(a) and (b).","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Matters to be satisfied before recording order as judgment","content":"#### 13 Matters to be satisfied before recording order as judgment\n\n13 Matters to be satisfied before recording order as judgment\n\n> > (1) A registrar of the Local Court may, on application, record as a judgment of the Local Court a periodic maintenance order for which a certificate under section 11 has been issued.\n> \n> > (2) An application to record a periodic maintenance order as a judgment of the Local Court must be accompanied by—\n> > \n> > > (a) for an application in relation to an order in which the registrar is specified as the person to whom the maintenance payment must be made—\n> > > \n> > > > (i) a certificate under section 11, and\n> > > \n> > > > (ii) a recent certificate under section 12, or\n> > \n> > > (b) otherwise—\n> > > \n> > > > (i) a certificate under section 11, and\n> > > \n> > > > (ii) a recent certificate under section 12, and\n> > > \n> > > > (iii) an affidavit in support of the matters referred to in subsection (4).\n> \n> > (3) A certificate under section 12 is a recent certificate if the date specified in the certificate as the date as at which the amounts under the order have been paid, or remain unpaid, is no more than 10 days before the date of the application to which the certificate relates.\n> \n> > (4) A registrar of the Local Court may record a periodic maintenance order as a judgment of the Local Court if satisfied—\n> > \n> > > (a) that either—\n> > > \n> > > > (i) a copy of the order has been served on the person required to make payments under the order, or\n> > > \n> > > > (ii) service of a copy of the order on the person has been dispensed with by the Local Court, and\n> > \n> > > (b) that the order has not been complied with for at least 14 days.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Notice of discharge, variation or suspension of periodic maintenance order","content":"#### 14 Notice of discharge, variation or suspension of periodic maintenance order\n\n14 Notice of discharge, variation or suspension of periodic maintenance order\n\n> > (1) The parties to a periodic maintenance order made by the Supreme Court that is recorded as a judgment of the Local Court under section 13 must give written notice to the relevant registrar of the Local Court of any discharge, variation or suspension of the order.\n> \n> > (2) On receipt of the notice, the registrar of the Local Court must cancel the judgment.\n> \n> > (3) On cancellation of the judgment—\n> > \n> > > (a) the periodic maintenance order ceases to be enforceable by the Local Court in which the order is recorded, and\n> > \n> > > (b) the order remains unenforceable by that Court until the order is again recorded in the Court, and\n> > \n> > > (c) any enforcement process arising out of the recording of the order ceases to have effect.","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Domestic relationship agreements and termination agreements","content":"# Part 4 Domestic relationship agreements and termination agreements\n\nPart 4 Domestic relationship agreements and termination agreements","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Certificate of independent advice on effect of agreements","content":"#### 15 Certificate of independent advice on effect of agreements\n\n15 Certificate of independent advice on effect of agreements\n\n> For the Act, section 47(1)(d), the prescribed form of certificate is set out in Schedule 1, Form 3.","sortOrder":18},{"sectionNumber":"Part 5","sectionType":"part","heading":"Domestic violence and harassment","content":"# Part 5 Domestic violence and harassment\n\nPart 5 Domestic violence and harassment","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Service of injunctions relating to domestic relationships","content":"#### 16 Service of injunctions relating to domestic relationships\n\n16 Service of injunctions relating to domestic relationships\n\n> For the Act, section 54(1)(a), a copy of an order for an injunction granted under the Act, section 53 may be served—\n> \n> > (a) by delivering it personally to the person against whom the order is made, or\n> \n> > (b) by leaving it at, or by posting it to, the last address of that person known to the person by whom it is served.","sortOrder":20},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Savings","content":"#### 17 Savings\n\n17 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Property (Relationships) Regulation 2020](/view/html/repealed/current/sl-2020-0319), had effect under that regulation continues to have effect under this regulation.","sortOrder":22},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Forms","content":"# Schedule 1 Forms\n\nSchedule 1 Forms\n\nsections 11, 12 and 15\n\nForm 1 Certificate of order for payment of periodic maintenance\n\n[Property (Relationships) Act 1984](/view/html/inforce/current/act-1984-147)\n\n\\* *Please cross out any text that does not apply*\n\nIn the Court of—\n\n**Applicant**\n\nName of person in whose favour the order was made—\n\nAddress—\n\n**Respondent**\n\nName of person ordered to pay periodic maintenance—\n\nAddress—\n\n**Abstract of Order**\n\n> 1 The application under the [Property (Relationships) Act 1984](/view/html/inforce/current/act-1984-147), section 27 was heard on the \\[*date*\\].\n\n> 2 The Court ordered that the respondent pay maintenance of $\\[*amount*\\] a week to the applicant.\n\n> 3 The payments of maintenance must be made to the \\*applicant/registrar of the Court.\n\n> 4 Order for payment of maintenance takes effect from—  \n> with the first payment being made on or before—\n\n> 5 Payments of maintenance must continue until further order of the Court or otherwise in accordance with the provisions of the [Property (Relationships) Act 1984](/view/html/inforce/current/act-1984-147).\n\n**Other relevant particulars**\n\n*(e.g. name, birth date of any child and details of any physical or intellectual disability)*\n\nI certify that this certificate correctly states particulars of an order made in this Court.\n\nDated this day of 20 .\n\nSigned—  \n(\\*Prothonotary/registrar of the Court)\n\nForm 2 Certificate of amounts paid under order for periodic maintenance\n\n[Property (Relationships) Act 1984](/view/html/inforce/current/act-1984-147)\n\nIn the Court of—\n\n**Applicant**\n\nName of person in whose favour the order was made—\n\nAddress—\n\n**Respondent**\n\nName of person ordered to pay periodic maintenance—\n\nAddress—\n\nI certify that the amount that according to the records of this Court has been paid under the order made in the proceedings between the applicant and the respondent on the \\[*date*\\] is $\\[*amount*\\] and that the amount that according to those records remains unpaid at this date is $\\[*amount*\\].\n\nDated this day of 20 .\n\nSigned—  \n(Registrar of the Court)\n\nForm 3 Certificate of independent advice—the Act, s 47(1)(d)\n\n[Property (Relationships) Act 1984](/view/html/inforce/current/act-1984-147)\n\nI, \\[*name*\\], solicitor, certify that, in relation to an agreement in writing proposed to be entered into between \\[*the parties*\\], I advised \\[*my client*\\], independently of the other party and before the time at which my client signed the agreement, of the following matters—\n\n> 1 the effect of the agreement on the rights of the parties to apply for an order under the [Property (Relationships) Act 1984](/view/html/inforce/current/act-1984-147), Part 3,\n\n> 2 the advantages and disadvantages, at the time that the advice was provided, to my client of making the agreement.\n\nDated this day of 20 .\n\nSigned—  \n(Solicitor)","sortOrder":23}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment of the 2020 regulation with no apparent expansion beyond the original scope. It maintains the same structure covering Local Court procedures, maintenance enforcement, relationship agreements, and domestic violence injunctions. The savings clause confirms continuity with the previous version."},"complexity_factors":["Moderate cross-referencing to the Property (Relationships) Act 1984 and other legislation (Court Suppression and Non-publication Orders Act 2010, Interpretation Act 1987)","Conditional logic in section 8 regarding who may access documents and the four-factor test for 'proper interest'","Nested requirements in section 13 for recording maintenance orders as judgments, with different documentary requirements depending on whether the registrar is the payment recipient","Multiple defined terms (6 explicit definitions, plus imported definitions from the Act)","Procedural formalities requiring specific certificates and affidavits with time limits (10-day recency requirement in section 13(3))","Three prescribed forms in Schedule 1 with specific fields and certification requirements"],"plain_english_summary":"This regulation sets out the practical rules for handling property and maintenance disputes between de facto couples (and other domestic relationships) in New South Wales courts. It covers how cases are run in the Local Court, how maintenance orders are enforced, and the paperwork required for relationship agreements.\n\n**Key things this regulation does:**\n\n- **Court procedures**: Sets rules for how cases are heard in the Local Court, including restrictions on publishing details of proceedings (to protect privacy), who can access court documents, and when transcripts can be made.\n\n- **Maintenance enforcement**: Creates a system for enforcing periodic (ongoing) maintenance payments. If someone fails to pay maintenance as ordered, the person owed money can get certificates from the court proving the debt, have the order recorded as a formal court judgment, and then use standard debt enforcement tools to recover the money.\n\n- **Service of documents**: Specifies how court orders (including domestic violence injunctions) must be delivered to the other party—either in person, by post, or left at their last known address.\n\n- **Relationship agreements**: Prescribes the form that solicitors must use when certifying they have given independent legal advice to someone signing a domestic relationship agreement or termination agreement. This ensures people understand what rights they are giving up before signing.\n\n- **Savings provision**: Ensures anything valid under the old 2020 regulation remains valid under this new 2025 version.\n\n**Who it affects**: People in de facto relationships or other domestic relationships seeking property settlements or maintenance; solicitors advising on relationship agreements; court staff; and anyone seeking to enforce or challenge a maintenance order."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content is present to determine whether the regulation's scope has changed from its original intent. The document is a metadata wrapper only. No substantive provisions are visible to compare against the regulation's stated purpose or any predecessor instrument."},"complexity_factors":["Almost no substantive content is present in the provided text — only metadata and status information, making meaningful analysis impossible","The regulation operates as subordinate legislation beneath the Property (Relationships) Act 1984, adding one layer of legal hierarchy to navigate","Automatic staged repeal mechanism under the Subordinate Legislation Act 1989 adds a minor layer of complexity around its lifespan","The parent Act itself (dealing with de facto property division) can be complex, but that complexity does not appear in this document"],"plain_english_summary":"This NSW regulation, made under the Property (Relationships) Act 1984 and in force from 22 Aug 2025, governs division of property for de facto and certain close personal relationships but the provided document is essentially a metadata shell with no substantive provisions. It likely prescribes administrative details (forms, fees, technical rules), affects separating de facto couples, their advisers and courts, and will be automatically repealed on 1 Sep 2030 unless replaced."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument replaces the 2020 regulation (commencing 1 Sept 2025) but contains an explicit savings provision preserving acts and effects that existed immediately before repeal (ss 2, 17). The text does not, on its face, expand or narrow the substantive scope of obligations under the Property (Relationships) Act; it primarily restates and updates procedural mechanics, certification forms and court practice rules."},"complexity_factors":["Cross-references to multiple Acts and external definitions (s 3 refers to the Act and Interpretation Act).","Discretionary powers vested in magistrates and registrars (transcription, directions, leave to inspect — ss 5–6, 8).","Interplay between Supreme Court orders and Local Court enforcement (conversion and certification process — ss 10–13).","Procedural and evidentiary conditions for recording maintenance orders as judgments (certificate and recent‑certificate requirements, affidavit requirement, service/suspension rules — s 13, 11–12, 14).","Restrictions on publication and prescribed content of court lists (limits on what can be published — s 7).","Prescribed statutory forms and certificates (Schedule 1 Forms 1–3) create formal compliance requirements.","Time limits and currency of evidence (e.g. 10‑day 'recent certificate' rule in s 13(3)).","Savings and transitional continuity with the repealed 2020 regulation (ss 2 and 17) affect ongoing matters."],"plain_english_summary":"This regulation updates procedural rules for property‑relationship matters in the Local Court. It restricts who can transcribe or publish proceedings, limits inspection of court files, prescribes how periodic maintenance orders are certified, recorded as Local Court judgments and enforced, sets payment/remittance steps, and provides prescribed forms and service methods. It affects parties to relationship/property proceedings, magistrates and registrars, the Supreme Court Prothonotary, solicitors giving independent advice, and people ordered to pay maintenance (see ss 2, 9, 11–14, 16)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/property-relationships-regulation-2025","history":"/api/acts/property-relationships-regulation-2025/history","analysis":"/api/acts/property-relationships-regulation-2025/analysis","conflicts":"/api/acts/property-relationships-regulation-2025/conflicts","importantCases":"/api/acts/property-relationships-regulation-2025/important-cases","documents":"/api/acts/property-relationships-regulation-2025/documents"}}