Relationships Act 2008

The statute revolves around a small set of interlocking concepts: registrable/registered relationships, relationship agreements, property and maintenance orders, the Relationships Register, and recognition of corresponding-law relationships.

• Registrable domestic relationship, registered domestic relationship, registrable caring relationship, registered caring relationship. The Act defines who can apply for registration and the legal effect of registration. A registrable domestic relationship is between two adults who are a couple but not married, where domestic support is exchanged, and excludes paid or institutional caregiving (s 5 definitions). A registrable caring relationship is similarly defined but uses caring-specific language and is subject to added procedural safeguards (s 5). A corresponding-law relationship registered abroad or in another Australian jurisdiction can be treated as a registered domestic relationship if it meets general requirements (ss 33A-33C).

• Relationships Register and Registrar functions. The Registrar must maintain the Relationships Register (s 17). The Register must contain prescribed particulars and may include further information at the Registrar’s discretion (s 17(2)). The Registrar can require further information from applicants (s 8), conduct inquiries and compel answers with a defined penalty for non-compliance (s 18), correct or amend entries (s 19), and maintain additional records separate from the Register (s 26). The Registrar also sets access policies and may publish them (s 23).

• Relationship agreements. Defined in s 35A, these are bilateral agreements between partners (domestic or caring partners) covering financial matters, executed before, during or after the relationship. They are enforceable as contracts (s 36) but the court has power to vary or set aside on grounds such as serious injustice arising from changed circumstances, duress, fraud or other contractual grounds (s 37). Relationship agreements interact with court powers: the court must not make an order inconsistent with a qualifying written, signed agreement where each party received independent legal advice evidenced by legal practitioner’s certificates (s 59(1)-(2)). If the court is not satisfied as to formal requirements, it may exercise its powers as if no agreement existed (s 59(3)-(4)).

• Property adjustment and maintenance. Part 3.3 gives courts jurisdiction to adjust property interests and order maintenance between domestic partners (including non-registered domestic relationships under eligibility rules) and registered caring partners (ss 41-45; ss 51-56). The guiding criteria for property adjustment include financial and non-financial contributions, homemaker and parental contributions, the nature and duration of the relationship, and other factors listed in s 45 (and s 45(1A) for caring partners). For maintenance, s 51 sets out the test (inability to support adequately because of the relationship) and lists factors the court must consider, including income, financial needs, responsibilities to others, standard of living and earning capacity improvements.

• Jurisdictional architecture. The Act permits applications to the Supreme, County and Magistrates’ Courts (s 65), provides transfer mechanisms where value exceeds jurisdictional limits (s 66), allows courts to act in aid of one another (s 69) and to defer or adjourn proceedings where significant change is likely or where Family Court proceedings are pending (ss 46-47). VCAT provides administrative review of Registrar decisions (s 28).

• Privacy and access control. The Registrar must, as far as practicable, protect persons named in entries from unreasonable intrusion (s 20). Access to Register information is discretionary and may be conditioned on an adequate reason and payment of prescribed fees (ss 21-24). The Registrar must maintain a written access policy and may remit fees in appropriate cases (ss 23; 25).

These concepts interlock: registration gives evidence used in court (s 22(1)(a)), relationship agreements can limit court powers (s 59), and the Registrar’s collection and disclosure decisions affect discoverability and privacy when parties seek judicial orders. The Act also embeds administrative discretion and procedural protections, such as statutory declaration requirements (s 33) and legal practitioner’s certificates for certain caring-relationship processes and for relationship agreements to attract full deference from courts (s 7(ba); s 59).

The Act creates rights and obligations for a set of identifiable actors. Primary affected persons are adult partners in domestic or caring relationships, persons contemplating such relationships, the Registrar, courts and tribunals, legal practitioners who provide the required certificates, and third parties with interests in property or privacy concerns.

• Applicants and partners. Anyone in a registrable domestic relationship or registrable caring relationship may apply to register the relationship provided one partner lives in Victoria and neither partner is married or already in a registered relationship or another registrable relationship (s 6). The definitions extend to persons contemplating entering into such relationships (s 35(1) definitions of domestic partner, caring partner), therefore affecting people at the point of planning or formalising unions. Registered partners gain a recorded legal status that can be used in court (s 22(1)(a)) and that triggers related property and maintenance entitlement and time limits (Parts 3.3 and Division 2, esp. ss 41, 43).

• Caring partners. The 2009 amendment explicitly inserted caring partners and registrable/registered caring relationships (numerous definitions and insertions noted throughout the text, for example s 3 defns and s 35A(3)). For caring partners, the Act imposes an added procedural safeguard: a registrable caring relationship application requires a legal practitioner’s certificate confirming independent legal advice for each applicant about the effect of registration and advantages/disadvantages (s 7(ba)). Similarly, relationship agreements involving caring partners are subject to legal practitioner’s certificate requirements if they are to limit court powers under s 59.

• Legal practitioners. Lawyers supply the legal practitioner’s certificates that the Act makes a condition of full deference to relationship agreements and of registration in the caring relationship context (s 7(ba); s 59(2)). Those certificates must state that the lawyer provided independent advice about the agreement’s effect and the advantages and disadvantages to the client (s 59(2)(b)). The Legal Profession Uniform Law Application Act 2014 amended the definition of legal practitioner used in this Act (see Table of Amendments), which may affect who may properly provide the certificates.

• Registrar and Departmental administrators. The Registrar of Births, Deaths and Marriages runs the Relationships Register and has a range of administrative powers and discretions: to require information (s 8), to conduct inquiries and compel responses (s 18), to add, correct or amend entries and to keep separate records (ss 19; 26), to set or remit fees (ss 27(3); 25), and to determine access on conditions (s 24). The Registrar also must report statistics to the Minister for inclusion in the Department of Justice annual operations report (s 32).

• Courts and tribunals. Courts decide applications for revocation (s 16), property adjustment and maintenance (Part 3.3). The Act explicitly confers jurisdiction on the Supreme, County and Magistrates’ Courts (s 65). VCAT has review jurisdiction over Registrar decisions (s 28) but does not displace courts’ substantive powers under Part 3.3.

• Third parties with property or privacy interests. The Act protects purchasers in good faith and other interested persons when courts exercise their powers in property matters (s 64). It also imposes penalties for unauthorised access to or interference with the Register (s 30) and falsifying certificates (s 31), which affects any private parties or entities handling Register information. The Registrar’s power to include further information in records and to provide additional services (s 26-27) may affect genealogists, historians, celebrants and other service providers who obtain information or certificates for non-judicial purposes.

• Interjurisdictional relationship-holders. Persons who registered a formally recognised relationship under a corresponding law (that is, a prescribed law in another jurisdiction or a law which matches the general requirements) are treated as holding a registered domestic relationship for the purposes of this Act (s 33C), provided the relationship is not a marriage under the Commonwealth Marriage Act 1961 (s 33C).

Who pays. Applicants pay prescribed fees for registration, revocation and searches (s 7(c); s 12(3)(b); s 21(2)(b); s 75 sets interim fees). The Act permits the Registrar to charge for additional services at the Registrar’s absolute discretion (s 27(3)), and to remit fees in appropriate cases (s 25).

Who decides. The Registrar decides registration and access (subject to VCAT review under s 28). Courts decide property adjustment, maintenance, variations, enforcement and revocation where judicial intervention is sought (ss 16; 41; 45; 51; 62; 70). VCAT reviews Registrar administrative decisions (s 28). The Governor in Council makes regulations including fee rules and can designate corresponding laws (s 71(1)(ab)).

The Act prescribes duties for applicants, the Registrar and courts, and it creates enforceable rights for partners and third parties.

Duties of applicants and partners

• Eligibility representations and verification. Applicants must each make a statutory declaration verifying consent to registration, that they are not married or in a registered relationship, and that they are not in another registrable relationship (s 7(a)(i)-(iii)). False or misleading representations in applications or related documents are penalised (s 29, 20 penalty units). Identity and age evidence must accompany an application (s 7(b)).

• Service obligations on revocation. If one partner applies alone to revoke a registration, that applicant must serve the other partner with the revocation application and prove service by statutory declaration (ss 12(2); 13(2)). Failure to effect proper service bars the Registrar from considering the application unless permission is given (s 12(4)-(6)).

• Notification requirements for maintenance cessation. If a party’s marriage or registration under this Act occurs after an order for periodic maintenance is made, the party in whose favour the order was made must notify the other party as soon as practicable (s 54(2)). Failure to notify can affect recovery of payments and interest (s 54(3)-(5)).

Duties of the Registrar

• Maintain the Register and privacy protections. The Registrar must maintain the Relationships Register with required particulars (s 17(1)-(2)), and, when providing information, protect persons from unreasonable intrusion into privacy as far as practicable (s 20; s 24(3)).

• Inquiry and correction powers. The Registrar may conduct inquiries and compel persons to answer specified questions under notice (s 18). Non-compliance without reasonable excuse is punishable by 10 penalty units (s 18(3)). The Registrar may correct or amend the Register to reflect inquiry findings or more reliable information and must comply with court or tribunal orders requiring correction (s 19(1)-(2)).

• Fees and services. The Registrar may collect prescribed fees (s 7(c); s 12(3)(b)). The Registrar may also make arrangements for additional services and charge fees in the Registrar’s absolute discretion that do not necessarily relate to cost (s 27(1)-(3)). The Registrar may remit fees in appropriate cases (s 25).

Rights arising from registration and agreements

• Evidentiary value of Register certificates. Certificates issued after a Register search are admissible in legal proceedings as evidence of the entry and the facts recorded (s 22(1)-(2)).

• Contractual enforceability of relationship agreements. Relationship agreements are subject to contract law and enforceable as such (s 36). The court must not make orders inconsistent with a qualifying relationship agreement that meets formal requirements (written, signed, legal practitioner’s certificates) (s 59(1)). Courts retain power to vary or set aside agreements under defined grounds (s 37) and may refuse to give effect to agreements it considers revoked or set aside (s 59(5)).

• Court-ordered property adjustments and maintenance. Domestic partners and caring partners may apply for property adjustment and maintenance orders (s 41). The court may make adjustments deemed just and equitable with reference to specified factors such as contributions, duration, and welfare contributions (s 45; s 45(1A) for caring partners). For maintenance, the court may order periodic or lump-sum support where the applicant cannot adequately support themself because of the relationship (s 51).

Duties and powers of courts

• Wide remedial powers. Courts may order transfers and sales of property, appointment of trustees, lump-sum or periodic payments, security for payments, injunctions and other orders necessary to achieve justice (s 58).

• Enforcement and penalties. Courts may impose penalties and require bonds or imprisonment to enforce non-money orders (s 70). The Act preserves contempt powers and provides that related criminal prosecutions are possible for the same conduct (s 70(2)-(3)).

• Jurisdictional and procedural duties. Courts must act in aid of each other (s 69), must transfer proceedings exceeding jurisdictional monetary thresholds (s 66), and may adjourn matters where significant changes in financial circumstances are likely or Family Court proceedings are pending (ss 46-47). Courts are tasked with ending financial relationships as far as practicable and avoiding further proceedings between parties (s 44).

Other procedural protections

• Time limits. Applications for orders under Part 3.3 must be made within two years of relationship termination (s 43(1)), subject to leave if hardship would otherwise result (s 43(2)). Withdrawal windows for registration applications and revocation applications are specified (s 9(3) 28-day withdrawal; s 14 90-day withdrawal of revocation application).

• Administrative review. A person affected by a Registrar decision may apply to VCAT for review within 28 days of the decision or within 28 days of receiving a statement of reasons (s 28).

These duties and rights create procedural obligations (statutory declarations; service steps; legal practitioner’s certificates), administrative discretion (Registrar corrections, fee settings, and access decisions), and judicial safety valves (power to vary or set aside agreements and orders).

The Act combines administrative regulatory sanctions, criminal penalties and civil enforcement mechanisms exercised by courts.

Criminal and administrative penalties in the Act

• False representations. Making a false or misleading representation in an application or document under Chapter 2 (registration chapter) knowing it to be false or misleading attracts a penalty of 20 penalty units (s 29). The Act does not create a jail term for this offence; the sanction is monetary under s 29.

• Non-compliance with Registrar inquiry. Failure to comply with a Registrar notice to provide information under s 18(2) without reasonable excuse carries a penalty of 10 penalty units (s 18(3)).

• Unauthorised access and interference. A person must not, without Registrar authority or other lawful authority, access or interfere with the Relationships Register, alter or delete entries, or otherwise interfere with it. This offence attracts up to 100 penalty units or 2 years imprisonment or both (s 30). The same maximum applies to forging or falsifying a certificate or other document under Chapter 2 (s 31(1)).

• Forgery and impounding powers. The Registrar may impound documents suspected to be forged (s 31(2)) and purge or update certificates where entries have been revoked, corrected or amended (s 31(2)(b)).

Court enforcement powers and remedies

• Civil penalties and bonds for non-compliance with non-money orders. If a court finds that a person knowingly and without reasonable cause contravened an order under Part 3.3 (not being an order for payment of money), the court may impose a penalty not exceeding an amount equal to 20 times the value of a penalty unit fixed by the Treasurer under the Monetary Units Act 2004 (s 70(1)(a)). The court may also require a person to enter into a bond with or without sureties, and may imprison the person until they enter into such a bond or for up to 3 months (s 70(1)(b)).

• Coercive remedies. Courts may require the production of documents, make orders for the enforcement of compliance, and exercise contempt powers as applicable (s 70(1)(c)-(d); s 70(2)).

• Orders to restrain or set aside transactions. The court may set aside or restrain instruments or dispositions made with the intent or effect of defeating an anticipated order in a proceeding (s 63). The court may further order property to be taken in execution or proceeds to be paid into court to satisfy orders, and may order costs against parties who collude to defeat an order (s 63(1)-(3)).

Regulatory penalties by regulation

• Regulations may prescribe offences with penalties not exceeding 20 penalty units for contravention (s 71(2)). That includes fees and procedural contraventions imposed by regulation.

Practical enforcement incentives and risks

• Criminal exposure for unauthorised access or falsification is significant (s 30; s 31). This creates an incentive for custodians of Register data and third parties to use formal access channels and to comply with the Registrar’s access policy. The Registrar may impound suspect documents, which affects evidentiary strategies in disputes (s 31(2)).

• Administrative compliance with Registrar information requests is backed by a penalty unit sanction of 10 units (s 18(3)), a modest monetary sanction compared to the 100-unit or prison alternatives for unauthorised access.

• Courts hold broad remedial discretion to secure compliance with property and non-money orders, including coercive and penal measures (s 70). That discretion is not limited to monetary payments, and it interacts with contempt powers preserved by the Act (s 70(2)). A bond treated as a recognisance for Crown Proceedings Act purposes is also available (s 70(4)).

• The Act distinguishes between enforcement of orders for payment of money and other orders, with s 70 focused on non-money orders; however s 70(3) preserves the capacity for criminal prosecution if the same act or omission also constitutes a separate criminal offence under another law.

• Administrative review and judicial avenues exist: VCAT review of Registrar decisions (s 28) and the ability of interested persons, courts and tribunals to direct corrections of the Register (s 19(2)) provide procedural checks on Registrar action before resorting to enforcement.

This blend of monetary, custodial and civil coercive measures gives courts and the Registrar a layered enforcement toolkit, with heavier criminal penalties directed at improper access and falsification of the Register, and civil coercive remedies aimed at ensuring compliance with court orders affecting property and behaviour.

The Act contains multiple explicit cross-references and statutory interactions. It repeals a prior statutory regime, imports federal or other statutes for definition, and provides mechanisms to recognise non-Victorian relationships.

Repeal and transitional carryover

• Repeal of Part IX of the Property Law Act 1958. The Relationships Act expressly repeals Part IX of the Property Law Act 1958 (s 72). Transitional rules convert rights and entitlements under the repealed Part IX into rights under this Act, preserve certain orders and injunctions made under Part IX, and provide that proceedings begun under Part IX and not determined at commencement continue to be dealt with under Part IX (s 74(1)-(3)).

Cross-references and prescribed external laws

• Marriage Act 1961 (Cth). Chapter 2A treats a corresponding law relationship that is not a marriage within the meaning of the Marriage Act 1961 (Cth) as a registered domestic relationship (s 33C). The Act therefore relies on the Commonwealth Marriage Act’s definition of marriage when judging whether a corresponding-law relationship should be taken to be a registered domestic relationship (s 33C).

• Status of Children Act 1974. Definitions of "related by family" and "child" and presumptions about parentage rely on the Status of Children Act 1974 (s 3A(3) and s 39(1) definitions referencing the Status of Children Act 1974 and Part 2 of that Act).

• Births, Deaths and Marriages Registration Act 1996. The Act cross-references s 10 of the Births, Deaths and Marriages Registration Act 1996 when discussing the evidentiary value of a Register certificate (s 22 note).

• Financial Management Act 1994. The Registrar must provide statistics to the Minister for inclusion in the Department of Justice report of operations under Part 7 of the Financial Management Act 1994 (s 32).

• Monetary Units Act 2004. Court penalties under s 70(1)(a) are to be calculated by reference to the value of a penalty unit fixed under s 5(3) of the Monetary Units Act 2004 (s 70(1)(a)).

• Penalty Interest Rates Act 1983. The interest payable on recovered maintenance sums for late notifications is capped at the rate fixed by s 2 of the Penalty Interest Rates Act 1983 (s 54(5)).

• Crown Proceedings Act 1958. For s 70 bonds and recognisances, the Act instructs that a bond entered under s 70 is to be treated as a recognisance for the purposes of s 5 of the Crown Proceedings Act 1958 (s 70(4)).

• Victorian Civil and Administrative Tribunal Act 1998. Procedural interaction: persons affected by Registrar decisions may request statements of reasons and apply to VCAT within time limits established by that Act as well as by s 28 of this Act (s 28(2) cross-references).

• Family Court / federal family law interplay. The Act provides for adjournment where Family Court proceedings are pending and enables courts to defer or transfer matters in the interests of justice or because of potential duplication (ss 46-47). This recognises parallel jurisdictional structures and the need to avoid conflicting orders.

Regulatory and administrative overlay

• Regulations under this Act. The Governor in Council may make regulations prescribing fees and other procedural matters, including designating a corresponding law for Chapter 2A (s 71(1)(a) and (ab)). Regulations may impose penalties up to 20 penalty units (s 71(2)). Interim fees are prescribed by s 75 until regulations are made.

Recognition of corresponding-law relationships

• Chapter 2A provides a mechanism for recognising relationships registered or formally recognised under prescribed laws in other jurisdictions, on the basis that they meet the general requirements that a relationship be consensual, between adults, not between persons related by family, and not entered into by someone already married or already in a registered/formally recognised relationship (ss 33A-33B). If those requirements are met, the corresponding-law relationship is treated as a registered domestic relationship under this Act (s 33C).

Protections for purchasers and third parties

• In property proceedings the court must have regard to the interests of purchasers in good faith or other persons interested, and may provide protective orders for them (s 64). That clause interacts with conveyancing and property registration practices and with the transitional treatment of rights carried over from the Property Law Act regime (s 74).

Administrative and evidentiary interactions

• Evidentiary weight. Certificates issued by the Registrar are admissible in legal proceedings as evidence of facts recorded in the Register (s 22(1)-(2)), which interacts with ordinary rules of evidence and with documentary practice in courts.

The Act therefore sits in a network of state and Commonwealth laws, transferring and superseding parts of the older Part IX property regime, relying on federal definitions in marriage law and incorporating procedures that work alongside federal family law processes. The Act anticipates regulations and prescriptive instruments to fill procedural gaps and to prescribe corresponding laws. Where the Act refers to other laws, it does so to frame definitions, procedural relationships and enforcement measures that rely on established statutory machinery.

The published version supplied incorporates several amendments up to 1 October 2016. The Table of Amendments in the statute records multiple amending Acts and the sections they changed. The key amendment episodes in the source are:

• Relationships Amendment (Caring Relationships) Act 2009 (No. 4/2009). Assented 10 February 2009, with many provisions commencing 1 December 2009. This amending Act introduced definitions and provisions for caring relationships and caring partners. The statute records multiple insertions and substitutions effected by the 2009 amending Act across definitions, the registration mechanism, relationship agreements, and Part 3.3. Examples include insertion of registered caring relationship and registered domestic relationship definitions in s 3, insertion of registrable caring relationship and registrable domestic relationship definitions in s 5, the legal practitioner's certificate requirement for registrable caring relationship applications (s 7(ba) inserted by No. 4/2009 s 10), and the specific caring-partner drafting in ss 35A, 39 and 45(1A). The 2009 Act also adjusted the interplay between relationship agreements and court powers (s 59 amendments).

• Fair Trading and Other Acts Amendment Act 2009 (No. 19/2009). Assented 10 June 2009. It affected commencement of certain items in Schedule 1 and repealed Schedule 1 item 69 (Table of Amendments notes). The source indicates that schedule-related commencement mechanics were adjusted by this amending Act.

• Legal Profession Uniform Law Application Act 2014 (No. 17/2014). Assented 25 March 2014. It amended the definition of "legal practitioner" in s 3 to align with the national legal profession uniform law regime, with the amendment commencing 1 July 2015 (Table of Amendments).

• Treasury Legislation and Other Acts Amendment Act 2014 (No. 44/2014). Assented 27 June 2014. It amended s 56(3) to require courts to have regard to changes in the all groups consumer price index for Melbourne (or another prescribed index) in assessing cost-of-living change for variation of periodic maintenance, and the amendment commenced 30 June 2014.

• Relationships Amendment Act 2016 (No. 4/2016). Assented 16 February 2016 with staged commencements (some provisions commenced 1 July 2016 and s 6 commenced 1 July 2016, s 6 itself noted). This amending Act inserted Chapter 2A (Recognition of corresponding law relationships) , ss 33A-33C , to provide for recognition of corresponding-law relationships, and added other changes such as s 27(1)(ab) enabling Registrar to provide additional services connected to ceremonies to celebrate registration (inserted by No. 4/2016 s 6(2)). The amending Act also made definition and procedural adjustments across the Act.

Transitional provisions and timing notes

• The Act itself sets out transitional provisions to carry over rights from the repealed Part IX of the Property Law Act 1958 (s 74). It also contains further transitional rules that convert former registered relationships into registered domestic relationships on commencement of certain caring-relationship modifications (s 74A) and to apply Chapter 2A to corresponding-law relationships that were in existence immediately before the 2016 amendments (s 74B).

Interim fees and regulation-making

• Section 75 supplies interim fees pending regulation-making. The Act contemplates future regulations to modify fees and other procedural details (s 71 and s 75).

The Table of Amendments in the source gives the precise assent and commencement dates for those amending Acts and identifies which provisions of the Relationships Act were affected. The Act as published incorporates these amendments up to the version date (1 October 2016).

The source provided contains no reported cases or judicial decisions and does not list any litigation history. It sets out procedural avenues by which disputes may be determined, which indicates the routes litigation would take, but the source does not catalogue or summarise any judicial authority.

Procedural routes and potential forums for disputes under the Act

• Courts. The Act gives jurisdiction to the Supreme Court, County Court and Magistrates’ Court to hear applications for property adjustment and maintenance and ancillary relief (s 65). The Act also permits courts to order revocation of registrations on application by an interested person or on the court’s own motion (s 16), and to correct or order correction of Register entries (s 19(2)).

• Family Court interplay. Courts may adjourn matters where Family Court proceedings in relation to the same property are pending (s 47). The Act also permits adjournments where significant change in financial circumstances is expected (s 46).

• Enforcement. Courts may enforce orders via penalties, bonds, document production orders and other remedies (s 70), and may set aside transactions made to defeat anticipated orders (s 63).

• Administrative review. Decisions by the Registrar are subject to VCAT review (s 28), providing an administrative tribunal route for contesting registration, access or fee decisions.

What the absence of litigation history in the source means for practitioners

• The Act should be approached assuming litigated interpretation will occur in the courts named, but any analysis of how courts will apply concepts such as "domestic relationship" or "registrable caring relationship", how courts will exercise discretion under s 45, s 59 or s 62, or how vigorously enforcement measures in s 70 will be applied, must rely on subsequent judicial decisions and practice documents beyond this source. The Act’s structure and the available forums (ss 28; 65) indicate where litigation would sit, but the source does not provide judicial constructions or precedent citations.

Practitioners should therefore check case law and tribunal decisions for interpretive history before advising on close points of statutory construction or likely judicial outcomes, since the statute itself provides the procedural and substantive framework but not the interpretive record.

The Act contains several drafting and procedural features that can generate pitfalls for applicants, respondents, and advisers. These are practical points drawn from the text that frequently produce disputes or non-compliance.

Registration timing and withdrawal windows

• 28-day cooling-off on registration. The Registrar must not register a relationship until the later of 28 days after lodgement or when further information required is provided (s 10(2)). Applicants may withdraw an application only within 28 days after lodgement by a Registrar-approved withdrawal form (s 9(1)-(3)). Missing the 28-day withdrawal window removes the unilateral ability to cancel the application short of other remedies.

• Revocation timing and service formalities. A revocation application made by one partner requires service on the other under specified methods (s 13); failure to prove service bars consideration (s 12(4)). If service cannot be effected by the prescribed methods, the Registrar’s permission is needed to serve otherwise or to dispense with service (s 12(5)-(6)). The Registrar must revoke a registration after 90 days from lodgement of a revocation application unless withdrawn or otherwise directed (s 15), which can produce unintended automatic revocations if procedural formalities are overlooked.

Legal practitioner’s certificate formalities

• Certificates as gatekeepers. For registrable caring relationships, each applicant must obtain a legal practitioner’s certificate stating the legal practitioner provided independent advice about the effect of registration and the advantages/disadvantages (s 7(ba)). Relationship agreements that are to exclude or constrain court powers must be supported by legal practitioner’s certificates attached or endorsed to the agreement for the court to be bound by the agreement under s 59(1)(c)-(d). Failure to comply with the certificate formalities allows the court to treat the agreement as if it does not have full legal effect (s 59(3)). The statute also requires the legal practitioner’s certificate to be signed and to confirm the independent advice (s 59(2)-(2)(b)).

• Who counts as a legal practitioner. The Act defines "legal practitioner" as an Australian legal practitioner and the definition was updated by the Legal Profession Uniform Law Application Act 2014 (Table of Amendments). Advisers must ensure the certifying lawyer satisfies the statutory definition at the time of certification.

Registrar discretion over additional information and fees

• Registrar power to add further information and to charge at absolute discretion. The Register may include further information if the Registrar considers it appropriate (s 17(2)(b)), and the Registrar may maintain separate records and provide additional services (s 26-27). The Registrar may charge for additional services determined in his or her absolute discretion which need not bear a relation to cost (s 27(3)). This can result in unpredictable third-party charges and potential privacy exposure where additional records are maintained separately but are nonetheless subject to the same privacy protections (s 26(4)).

Access restrictions and proof of interest

• Adequate reason requirement. Searches and access to the Relationships Register require an applicant to state the reason for interest and to pay the prescribed fee; the Registrar may reject applications where the applicant does not show an adequate reason (s 21(2)-(3)). The Registrar has broad discretion to evaluate the applicant’s relationship to the persons named, the age and contents of the entry and other factors (s 21(4)). Applicants and counsel should anticipate scrutiny and prepare documented reasons for seeking access.

Temporal limitations and exceptions

• Two-year limitation for applications after relationship end. Applications for orders under Part 3.3 must be made within two years after the relationship ended (s 43(1)). Leave to apply outside the period is discretionary and requires the court to be satisfied that not granting leave would cause greater hardship to the applicant than granting leave would cause to the other partner (s 43(2)). Practitioners should diarise the two-year limit and consider whether exceptional contributions or the presence of a child might trigger an exception under s 42(3).

Interaction with Family Court proceedings

• Potential adjournments. Courts may adjourn proceedings under this Act if Family Court proceedings are pending (s 47). That can delay resolution and affect asset preservation or interim relief strategies. Parties should consider the sequencing of applications between jurisdictions.

Relationship agreements and court discretion

• Agreements are not absolute. Although relationship agreements are subject to contract law and the court must not make inconsistent orders when formal requirements are met (s 36; s 59(1)), courts retain power to vary or set aside agreements on grounds such as serious injustice due to changed circumstances or on contractual grounds such as duress and fraud (s 37). Practitioners must treat relationship agreements as strong but not absolute barriers to subsequent court orders.

Privacy and criminal liability

• Heavy penalties for unauthorised access or falsification. Unauthorised access to or interference with the Register and forging certificates attract up to 100 penalty units or two years imprisonment or both (ss 30-31). Custodians and service providers should implement compliance procedures.

Evidentiary nuances

• Registrar certificates are admissible but not conclusive. A certificate certifying particulars in an entry is admissible in legal proceedings as evidence of the entry and facts recorded (s 22(1)-(2)). Practitioners should note that admissibility does not immunise entries from being challenged, and the Register can be corrected or amended by the Registrar, or on court order (s 19). Certificates can be impounded after revocation or amendment (s 31(2)(b)).

Regulatory gaps filled by regulations

• Interim fees and potential changes. Section 75 prescribes interim fees, but the Governor in Council may make regulations prescribing fees and other operational details (s 71(1)(a); s 75). Practitioners must check the current regulations and fee schedules when advising on costs.

These practical points are grounded in the statutory text and highlight places where unexpected procedural or evidential difficulties commonly arise.

This section sets out a practical compliance checklist for advisers and affected persons, aligned to the Act’s procedural requirements and judicial gateways. The checklist assumes the practitioner is advising a client who wishes to register a relationship, enter a relationship agreement, or later apply for property adjustment or maintenance.

1. Establish relationship type and eligibility

• Identify whether the relationship is a registrable domestic relationship or a registrable caring relationship using the definitions in s 5. Confirm both parties are adult persons under s 3, that one partner lives in Victoria (s 6(a)), and that neither partner is married or already in a registered relationship or another registrable relationship (s 6(b)(i)-(ii)).

• For corresponding-law recognition, check whether the foreign or interstate law is a prescribed corresponding law or otherwise meets the general requirements in s 33B (adult, consensual, not related by family, not already married or already in a corresponding-law recognised relationship).

2. Prepare application for registration

• Use the Registrar-approved form and include the statutory declarations required by s 7(a) verifying consent, marital and registration status. Attach reliable evidence of identity and age (s 7(b)).

• For registrable caring relationships, obtain a legal practitioner’s certificate for each applicant that states the lawyer provided independent advice about the effect of registration and the advantages and disadvantages at the time advice was provided (s 7(ba)). Ensure the lawyer signs and dates the certificate in accordance with s 59(2).

• Pay the prescribed fee at the time of application (s 7(c); see s 75 interim fees if regulations are not yet in place).

3. Observe procedural timelines and withdrawal rights

• Be aware of the 28-day period after lodgement. The Registrar will not register until the later of 28 days after lodgement or when further information is provided (s 10(2)). An application to withdraw must be made in a Registrar-approved form within 28 days of lodgement (s 9(1)-(3)).

• If contemplating revocation, ensure service is effected in accordance with s 13(1) when a revocation application is made by only one person. Retain proof of service and complete the required statutory declaration proving service (s 13(2)). If service by prescribed methods is impossible, apply to the Registrar for permission to serve differently or to dispense with service under s 12(5).

4. Draft relationship agreements carefully

• If drafting an agreement intended to bind the courts, ensure it is in writing and signed by the party against whom it is to be enforced (s 59(1)(a)-(b)). Have each party obtain a legal practitioner’s certificate before signing that confirms independent legal advice on the agreement’s effect on powers under Part 3.3 and the advantages and disadvantages (s 59(1)(c); s 59(2)(b)). Attach or endorse the certificates to the agreement (s 59(1)(d)).

• Advise clients that courts retain power under s 37 to vary or set aside the agreement where circumstances change to cause serious injustice, or where other grounds for setting aside a contract exist (duress, fraud). The legal practitioner’s certificate reduces the risk of challenge but does not eliminate it.

5. Preserve alternatives before and during litigation

• If a client anticipates property adjustment or maintenance proceedings, consider collating contemporaneous evidence of financial and non-financial contributions, the nature and duration of the relationship, and any child welfare arrangements, since courts will weigh these factors under s 45 and s 51.

• If the client is seeking interim relief or fears a transfer of assets intended to defeat claims, seek urgent injunctive orders and consider the court’s powers under s 63 to set aside transactions and s 58 to grant injunctions and security.

6. Manage Register access and privacy

• If an applicant seeks to search the Register or obtain a certificate, be prepared to explain and document the adequate reason for the search, pay the prescribed fee, and comply with the Registrar’s access policies (ss 21-24).

• Where acting for a Registrar or a custodian, ensure proper authority is obtained for disclosure given s 20 protections and the criminal sanctions for unauthorised access or interference (s 30).

7. Enforcement and post-order compliance

• Follow notification requirements if a periodic maintenance recipient marries, remarries or registers a new relationship, to avoid recovery and interest consequences (s 54(2)-(5)).

• Where orders require the execution of deeds or instruments, rely on s 60 for court appointment of officers to execute instruments when a party refuses, and for costs allocation in doing so.

8. Timeliness for applications under Part 3.3

• Observe the two-year limitation period to apply for orders after relationship breakdown (s 43(1)). If beyond two years, seek leave explaining why failure to grant leave would cause greater hardship to the applicant than to the other party (s 43(2)).

9. Anticipate inter-jurisdictional and regulatory issues

• Check whether a related Family Court proceeding is pending, as courts have power to adjourn or defer matters under ss 46-47. Coordinate filings to avoid inconsistent orders and consider transferring matters where jurisdictional limits are exceeded (s 66).

• Update advice if regulations have been made under s 71, including current fees, prescribed corresponding laws (s 71(1)(ab)) and any regulatory penalties.

10. Record-keeping and evidence

• Keep certified copies of all statutory declarations, proof of service, legal practitioner’s certificates, and Registrar correspondence. Certificates issued by the Registrar are admissible as evidence under s 22(1)-(2), but the Register can be corrected or amended (s 19). Preserve documents subject to s 31(2) impoundment risks.

Following these steps will align practice with the Act’s procedural demands and evidentiary expectations. Where ambiguity remains on discretionary points such as what constitutes an "adequate reason" for access (s 21(3)-(4)) or whether changed circumstances are sufficiently serious to vary an agreement (s 37), anticipate judicial fact-finding and seek timely interlocutory relief to preserve rights.