These Regulations set out administrative steps to enforce Supreme Court periodic maintenance orders in the Magistrates Court, prescribe the certificate and affidavit required, provide for cancellation when an order is varied or discharged, list domestic and overseas laws and classes of relationships treated as corresponding for recognition, and fix fees for searches, registrations, amendments and revocations. Applicants seeking enforcement or registration pay the prescribed fees and must supply the required documents; the Registrar of the Supreme Court and registrars of the Magistrates Court decide on certificates, recording and cancellation.
These Regulations implement a set of procedural and interpretive rules to give effect to particular provisions of the Relationships Act 2003 (the Act) and to prescribe related fees. Mechanically, the Regulations do five discrete things:
They declare that a Supreme Court order for periodic maintenance made under section 47 of the Act is a "prescribed order" for the purposes of section 67(1) of the Act (regulation 4). That classification enables a specific pathway for enforcement described below.
They create a two-step administrative pathway for converting a Supreme Court periodic maintenance order into an enforceable Magistrates Court judgment: first by requiring a certificate from the Registrar of the Supreme Court in a form determined by that Registrar (regulation 5); second by permitting the beneficiary to apply to a registrar of the Magistrates Court to record the order so it is "enforceable as if it were a judgment of the Magistrates Court" under the Magistrates Court (Civil Division) Act 1992 (regulation 6(1)-(3)). Regulation 6 sets evidentiary requirements the applicant must provide (certificate plus affidavit) and gives the registrar of the Magistrates Court a satisfaction test before recording.
They prescribe the process for cancellation of that record when the Supreme Court order is discharged, varied or suspended: the Registrar of the Supreme Court must give written notice to the Administrator of the Magistrates Court, who must cancel all records made under regulation 6(3)(a); cancellation terminates Magistrates Court enforceability and existing enforcement processes (regulation 7(1)-(3)).
They prescribe the laws and classes of relationships that qualify as "corresponding laws" and relationship classes for the purposes of section 65A of the Act, listing specific statutes and statutory provisions from Australian states/territories, New Zealand, the United Kingdom and specific Canadian provinces (regulations 8 and 9).
Current sections
Direct links to the current provisions in Relationships Regulations 2023.
An order for periodic maintenance, made by the Supreme Court under section 47 of the Act, is a prescribed order for the purposes of section 67(1) of the Act.
5
Certificate
5 Certificate
(1) A person in whose favour an order for periodic maintenance is made by the Supreme Court under section 47 of the Act may apply to the Registrar of the Supreme Court for a certificate in respect of the order.
(2) The certificate referred to in subregulation (1) is to be in a form determined by the Registrar of the Supreme Court.
6
Application to record order for periodic maintenance
6 Application to record order for periodic maintenance
(1) A person may make an application to a registrar of the Magistrates Court to have an order for periodic maintenance, made by the Supreme Court under section 47 of the Act, recorded as being enforceable as if it were a judgment of the Magistrates Court under the Magistrates Court (Civil Division) Act 1992 .
(2) An application under subregulation (1) in respect of an order for periodic maintenance is to include the following:
(b) an affidavit of the person making the application under subregulation (1) stating that –
(i) a copy of the order was served on the person liable to make payments under the order; and
(ii) the order has not been complied with for at least 14 days; and
(iii) a specified amount of money is unpaid.
(3) After receiving an application under subregulation (1) in respect of an order for periodic maintenance, the registrar of the Magistrates Court –
(a) is to record the order for periodic maintenance, if satisfied as to the matters referred to in subregulation (2)(b) ; or
(b) is not to record the order, if not satisfied as to the matters referred to in subregulation (2)(b) .
7
Cancellation of record
7 Cancellation of record
(1) The Registrar of the Supreme Court is to give written notice to the Administrator of the Magistrates Court of a discharge, variation or suspension of an order for periodic maintenance.
(2) On receipt of a notice under subregulation (1) in respect of an order for periodic maintenance, the Administrator of the Magistrates Court is to cancel all records of the order made under regulation 6(3)(a) .
(3) If a record of an order for periodic maintenance is cancelled under subregulation (2) –
(a) the order is not enforceable in the Magistrates Court; and
(b) any enforcement process in respect of that order ceases to have effect; and
(c) nothing prevents a subsequent application being made under regulation 6(1) in respect of the order.
8
Corresponding laws for purposes of section 65A of Act
8 Corresponding laws for purposes of section 65A of Act
For the purposes of section 65A of the Act, the following laws are prescribed as corresponding laws:
(a) Civil Unions Act 2012 of the Australian Capital Territory;
(b) Domestic Relationships Act 1994 of the Australian Capital Territory;
(c) Relationships Register Act 2010 of New South Wales;
(d) Civil Partnerships Act 2011 of Queensland;
(e) Relationships Register Act 2016 of South Australia;
(f) Relationships Act 2008 of Victoria;
(g) Part 2, Subpart 5 of the Births, Deaths, Marriages and Relationships Registration Act 2021 of New Zealand;
(h) Civil Union Act 2004 of New Zealand;
(i) Civil Partnership Act 2004 of the United Kingdom;
(j) Vital Statistics Act, C.C.S.M. c. V-60 of Manitoba, Canada;
(k) Vital Statistics Act, R.S.N.S. 1989, c. 494 of Nova Scotia, Canada;
(l) Civil Code of Quebec, CQLR c CCQ-1991, of Quebec, Canada.
9
Classes of relationships for the purposes of section 65A of Act
9 Classes of relationships for the purposes of section 65A of Act
For the purposes of section 65A of the Act, the following classes of relationships are prescribed:
(a) civil unions within the meaning of the Civil Unions Act 2012 of the Australian Capital Territory;
(b) civil partnerships for which registration is in force under the Domestic Relationships Act 1994 of the Australian Capital Territory;
(c) registered relationships under the Relationships Register Act 2010 of New South Wales;
(d) registered civil partnerships within the meaning of the Civil Partnerships Act 2011 of Queensland;
(e) registered relationships under the Relationships Register Act 2016 of South Australia;
(f) registered domestic relationships under the Relationships Act 2008 of Victoria;
(g) civil unions solemnised under the Civil Union Act 2004 of New Zealand;
(h) civil partnerships within the meaning of the Civil Partnership Act 2004 of the United Kingdom;
(i) common-law relationships within the meaning of the Vital Statistics Act, C.C.S.M. c. V-60 of Manitoba, Canada, which are registered under section 13.1 of that Act;
(j) domestic partnerships within the meaning of the Vital Statistics Act, R.S.N.S. 1989, c. 494 of Nova Scotia, Canada;
(k) civil unions solemnised under Title I.1 of Book 2 of the Civil Code of Quebec, CQLR c CCQ-1991, of Quebec, Canada.
10
Fees
10 Fees
The fees set out in Schedule 1 are prescribed as the fees that are payable under the Relationships Act 2003 in respect of the matters to which they relate.
| | | Fee (Fee units) |
| 1. | A search of the Register in any one name (including the issue of the relevant certificate) – | |
| | (a) for a search covering a period not exceeding 5 years; and | 31 |
| | (b) for each additional 5-year period or part of such a period | 11 |
| 2. | An application for a search of the Register and the issue of a certified copy of an entry or document not otherwise provided for | 31 |
| 3. | Priority fee for processing a search of the Register | 22 |
| 4. | An application to register a deed of relationship | 121 |
| 5. | An application for the amendment of information in the Register not otherwise provided for | 33 |
| 6. | An application for the revocation of a deed of relationship | 50 |
These regulations are administered in the Department of Justice.
Source text
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
These regulations may be cited as the Relationships Regulations 2023 .
2 Commencement
2 Commencement
These regulations take effect on 18 December 2023.
3 Interpretation
3 Interpretation
In these regulations –
Act means the Relationships Act 2003 ;
Administrator of the Magistrates Court means the Administrator of the Magistrates Court as defined in the Magistrates Court Act 1987 ;
registrar of the Magistrates Court means registrar as defined in the Magistrates Court (Civil Division) Act 1992 .
4 Prescribed order under section 67(1) of Act
4 Prescribed order under section 67(1) of Act
An order for periodic maintenance, made by the Supreme Court under section 47 of the Act, is a prescribed order for the purposes of section 67(1) of the Act.
5 Certificate
5 Certificate
(1) A person in whose favour an order for periodic maintenance is made by the Supreme Court under section 47 of the Act may apply to the Registrar of the Supreme Court for a certificate in respect of the order.
(2) The certificate referred to in subregulation (1) is to be in a form determined by the Registrar of the Supreme Court.
6 Application to record order for periodic maintenance
6 Application to record order for periodic maintenance
(1) A person may make an application to a registrar of the Magistrates Court to have an order for periodic maintenance, made by the Supreme Court under section 47 of the Act, recorded as being enforceable as if it were a judgment of the Magistrates Court under the Magistrates Court (Civil Division) Act 1992 .
They prescribe a schedule of fees (Schedule 1) that are payable under the Act in respect of specified registry and application matters (regulation 10 and Schedule 1).
Each of these mechanisms affects who may initiate an enforcement pathway, what documents are required, which registrars decide, the circumstances that terminate access to that pathway, and which foreign or interstate relationship forms are treated as corresponding relationships for the purposes of the Act (regs 4-10; Schedule 1). The Regulations commenced on 18 December 2023 (regulation 2) and are administered by the Department of Justice (Schedule note).
Main concepts
The Regulations are concise; their core technical concepts are defined by reference to the Act and to two court-administration offices. Key definitional anchors are:
"Act" is the Relationships Act 2003 (regulation 3). The Regulations therefore operate only to the extent they implement or clarify provisions of that Act (for example, sections 47, 65A and 67 are invoked in the Regulations).
Administrative officeholders are defined for operational tasks: "Administrator of the Magistrates Court" (as defined in the Magistrates Court Act 1987) and "registrar of the Magistrates Court" (as defined in the Magistrates Court (Civil Division) Act 1992) (regulation 3). The Regulations therefore assign operational steps to particular court registry roles rather than to judicial officers.
Prescribed order (regulation 4). The Regulations treat a Supreme Court order for periodic maintenance made under section 47 of the Act as a prescribed order for the purposes of section 67(1) of the Act. This is the linchpin concept that allows the conversion pathway to Magistrates Court enforceability.
Certificate (regulation 5). The Regulations require a beneficiary of a periodic maintenance order to obtain a certificate from the Registrar of the Supreme Court, in a form determined by that Registrar, as part of any application to the Magistrates Court registrar. The certificate is a formal administrative document that evidences the existence of the Supreme Court order and is a precondition for registration in the Magistrates Court.
Recording and conversion (regulation 6). The Regulations permit the recording of a Supreme Court periodic maintenance order in the Magistrates Court so it is enforceable as if a Magistrates Court judgment. The recording action is discretionary: the Magistrates Court registrar must be "satisfied" about specified facts (service, non-compliance for at least 14 days, and a specified unpaid amount) supported by affidavit (regulation 6(2)-(3)).
Cancellation (regulation 7). The process is reversible: the Supreme Court Registrar must notify the Magistrates Court Administrator of a discharge, variation or suspension; upon receipt, the Administrator must cancel all Magistrates Court records of the order, which removes enforceability and causes any enforcement processes to cease; the Regulations expressly permit a subsequent application for re-recording (regulation 7(1)-(3)).
Corresponding laws and relationship classes (regulations 8-9). The Regulations list specific statutes and statutory provisions across multiple jurisdictions that the Act will treat as corresponding for s 65A purposes, and they list the classes of recognised relationship forms that will be treated as equivalent for s 65A purposes.
Fees (regulation 10 and Schedule 1). The Regulations tie a discrete set of fees to registry activities and applications, expressed in fee units, including searches of the register, certified copies, priority processing, registration of deeds of relationship, amendments and revocations.
The Regulations therefore marry an enforcement route (Supreme Court order → certificate → Magistrates Court recording → Magistrates Court enforcement), a cancellation route (Supreme Court notice → Administrator cancellation → cessation of enforcement), and a recognition scheme (prescribed corresponding laws and classes under s 65A), together with a modest fee framework. Each concept delegates non-judicial, largely administrative decision-making and record-keeping to court registry officers and to the Registrar of the Supreme Court (regs 5-7).
Who it affects
The Regulations affect a small, identifiable set of actors and stakeholders. They change administrative options and burdens primarily for:
Beneficiaries of Supreme Court periodic maintenance orders. A person in whose favour an order for periodic maintenance is made by the Supreme Court under section 47 of the Act is given an explicit administrative pathway to seek enforcement through the Magistrates Court by applying for a certificate from the Supreme Court Registrar and then applying to the Magistrates Court registrar to have the order recorded as if it were a Magistrates Court judgment (regulations 5 and 6). That person bears the burden of initiating the process, assembling the required certificate and affidavit evidence, and potentially paying any fees that apply under the Act (regulation 10; Schedule 1).
Persons liable to make payments under a periodic maintenance order. The Regulations create a mechanism that can convert a Supreme Court maintenance order into a Magistrates Court-enforceable judgment; the person liable will face enforcement processes available in the Magistrates Court once the order is recorded, subject to cancellation rules (regulations 4, 6 and 7). The liable party must have been served with a copy of the order prior to recording (regulation 6(2)(b)(i)).
Registrars and court administrators. The Registrar of the Supreme Court is given two express duties: to issue a certificate on application (regulation 5(1)) and to give written notice to the Administrator of the Magistrates Court of any discharge, variation or suspension of the order (regulation 7(1)). The registrar of the Magistrates Court has a gatekeeping role: they must decide whether to record the order based on satisfaction of the evidentiary matters set out in regulation 6(2)(b), and the Administrator must cancel records when notified by the Supreme Court Registrar (regulations 6(3) and 7(2)). These offices therefore carry the administrative burden of form control, verification and record-keeping.
Registries and search users. Schedule 1 prescribes fees for searches of the Register, certified copies, priority processing and registration/revocation of deeds of relationship. Persons who require searches or certified copies will incur the listed fees; those seeking to register, amend or revoke deeds of relationship are the parties most directly affected by the fee schedule (regulation 10; Schedule 1).
Persons with relationships formed under the listed "corresponding laws" or within the listed "classes of relationships". Regulations 8 and 9 prescribe particular statutes and relationship classes in other Australian jurisdictions, New Zealand, the United Kingdom and specified Canadian provinces to be treated as corresponding laws or classes for the purposes of section 65A of the Act. Individuals in those relationship forms will be treated by the Act as falling within the prescribed classes or corresponding laws when the Act’s s 65A is applied (regulations 8-9).
The Department of Justice. The Regulations are administered by the Department of Justice (Schedule note). Operational responsibility for implementing the fee schedule, communicating forms and coordinating administrative points between Supreme Court and Magistrates Court registers rests within that administrative framework.
The Regulations do not create new judicial powers or new substantive maintenance obligations; rather they change administrative pathways for enforcement and recognition. They allocate decision authority to registrars and administrators and impose documentary and timing conditions (notably the 14-day non-compliance requirement in regulation 6(2)(b)(ii)) that directly affect how quickly an enforcement route can be activated and who carries associated costs (applicants for certificates and registries providing services) (regs 5-7; Schedule 1).
Key duties and rights
The Regulations set out specific duties for registry officers and rights and obligations for applicants and respondents. The main duties and rights, stated with their source provisions, are:
Right to apply for certificate (regulation 5(1)). A person in whose favour a Supreme Court periodic maintenance order is made has the right to apply to the Registrar of the Supreme Court for a certificate in respect of that order. This is an applicant’s right to request an evidentiary instrument that supports Magistrates Court registration.
Registrar of Supreme Court’s duty to determine form (regulation 5(2)). The certificate must be in a form determined by the Registrar of the Supreme Court. That delegation gives the Registrar control over the documentary form and potentially the content of what will be relied on by the Magistrates Court registrar.
Applicant’s evidentiary duties when applying to the Magistrates Court (regulation 6(2)). An application to a registrar of the Magistrates Court to have a Supreme Court periodic maintenance order recorded must include: (a) the certificate issued under regulation 5; and (b) an affidavit of the applicant stating (i) a copy of the order was served on the person liable to make payments; (ii) the order has not been complied with for at least 14 days; and (iii) a specified amount of money is unpaid. These are minimal evidentiary thresholds the applicant must satisfy.
Registrar of Magistrates Court discretion (regulation 6(3)). After receiving the application, the registrar of the Magistrates Court must record the order if satisfied as to the matters set out in regulation 6(2)(b). If the registrar is not satisfied, they are not to record the order. This places a discretionary but gatekeeping duty on the registrar: satisfaction is a precondition to recording.
Registrar of Supreme Court duty to notify (regulation 7(1)). The Registrar of the Supreme Court must give written notice to the Administrator of the Magistrates Court if an order for periodic maintenance is discharged, varied or suspended. This is a mandatory notification duty linking Supreme Court events to Magistrates Court records.
Administrator of Magistrates Court duty to cancel (regulation 7(2)). On receipt of that notice, the Administrator of the Magistrates Court is to cancel all records of the order made under regulation 6(3)(a). Cancellation is therefore an administrative consequence triggered by the Supreme Court’s change to the underlying order.
Consequences of cancellation (regulation 7(3)). If records are cancelled under regulation 7(2): (a) the order is not enforceable in the Magistrates Court; (b) any enforcement process in respect of that order ceases to have effect; (c) nothing prevents a subsequent application under regulation 6(1) in respect of the order. These are legal effects that remove Magistrates Court enforceability and also preserve the ability to reapply.
Fee obligations (regulation 10 and Schedule 1). The Regulations prescribe fees that are payable under the Act in respect of the matters set out in Schedule 1. Persons who seek searches, certified copies, priority processing, or who apply to register, amend, or revoke deeds of relationship incur the fees listed (Schedule 1). The Regulations do not, however, specify in the text of regulation 6 a fee directly associated with recording a periodic maintenance order; the Schedule prescribes fees for a range of registry activities (regulation 10; Schedule 1).
Recognition rights under section 65A (regulations 8-9). By prescribing corresponding laws and classes of relationships, the Regulations give persons in those relationship forms a statutory basis for recognition under section 65A of the Act once that section is triggered.
Collectively, the Regulations create administrative rights for order beneficiaries to seek enforcement via Magistrates Court mechanisms, impose documentary and timing duties on applicants, impose mandatory notification and record-cancellation duties on court registries, and set out a schedule of fees for related registry services (regs 4-10; Schedule 1).
Penalties and enforcement
The Regulations themselves do not create criminal offences or express monetary penalties; instead they specify administrative enforcement mechanisms and the consequences of record-keeping actions. The enforcement architecture established by the Regulations operates as follows:
Enforcement via Magistrates Court mechanisms. A Supreme Court periodic maintenance order may be recorded in the Magistrates Court so that it becomes enforceable "as if it were a judgment of the Magistrates Court" (regulation 6(1)). Once recorded, the range of enforcement powers and penalties that attach to a Magistrates Court judgment under the Magistrates Court (Civil Division) Act 1992 become accessible, because the recorded order is treated expressly as if it were a Magistrates Court judgment. The Regulations do not recapitulate those enforcement powers; they instead rely on the existing statutory enforcement machinery of the Magistrates Court.
Gatekeeper and evidentiary control. The registrar of the Magistrates Court has the administrative gatekeeping role to determine satisfaction of the documentary and factual prerequisites listed in regulation 6(2)(b) before recording. If the registrar is not satisfied, the order is not recorded and therefore remains outside Magistrates Court enforcement purview (regulation 6(3)(a)-(b)). This creates a non-judicial check on access to Magistrates Court enforcement.
Cancellation terminates enforcement. If the Supreme Court discharges, varies or suspends the underlying order and the Supreme Court Registrar notifies the Administrator of the Magistrates Court, the Administrator must cancel all records of the order made under regulation 6(3)(a). Cancellation has immediate consequences: the order ceases to be enforceable in the Magistrates Court and any enforcement process in respect of that order ceases to have effect (regulation 7(2)-(3)(a)-(b)). This creates a direct administrative mechanism by which changes at the Supreme Court level remove Magistrates Court enforcement.
No new prosecutorial or penal offences created. The Regulations do not introduce new offences, fines or criminal penalties; they operate by invoking existing enforcement pathways available to Magistrates Courts through the treatment of recorded orders as judgments. The precise enforcement steps and any penalties will therefore be those provided under the Magistrates Court (Civil Division) Act 1992 and associated rules, not under these Regulations.
Fees as an enforcement or access-control device. The Schedule prescribes fees for registry services. Fees for searches, certified copies and registry applications (Schedule 1) act as a practical cost of accessing registry services and enforcement pathways. The Regulations do not state that a particular fee is required to make the recording application under regulation 6(1); the Schedule prescribes fees for certain listed items and must be read against the Act for applicability (regulation 10 and Schedule 1).
Administrative discretion and consequential process risk. Because registrars control form, satisfaction and cancellation notification, the practical enforceability of a periodic maintenance order in the Magistrates Court depends on administrative execution and timing rather than a separate judicial determination at the point of recording. The Regulations make enforceability contingent on administrative records rather than re-litigation of the underlying maintenance order (regs 5-7).
In short, penalties and enforcement consequences flow from the transformation of a Supreme Court periodic maintenance order into a Magistrates Court enforceable judgment; the Regulations set the administrative steps and cancellation hooks that enable and disable that enforcement, but they do not themselves prescribe new penalties or criminal sanctions (regs 4-7; Schedule 1).
How it interacts with other laws
The Regulations operate by reference to and interaction with several other statutes and institutional rules. The text cites the Act and two Magistrates Court statutes as key connection points, and prescribes corresponding laws in other jurisdictions for the Act’s section 65A purposes. The interaction points are:
Relationships Act 2003 (the Act). The Regulations are expressly subordinate to and implement specified sections of the Act. They treat a Supreme Court periodic maintenance order (section 47 of the Act) as a prescribed order for the purposes of section 67(1) of the Act (regulation 4). They also implement section 65A of the Act by prescribing corresponding laws and classes of relationships (regulations 8-9). Regulation 10 ties Schedule 1 fees to "payable under the Relationships Act 2003".
Magistrates Court (Civil Division) Act 1992. Regulation 6(1) enables a recording that makes a Supreme Court periodic maintenance order "enforceable as if it were a judgment of the Magistrates Court under the Magistrates Court (Civil Division) Act 1992". The Regulations therefore import Magistrates Court enforcement procedures and remedies by reference rather than by restating them. The registrar of the Magistrates Court, as defined in that 1992 Act, is the decision-maker to record the order (regulation 3).
Magistrates Court Act 1987. The "Administrator of the Magistrates Court" is defined by reference to the 1987 Act (regulation 3) and the Administrator is the recipient of written notices from the Supreme Court Registrar under regulation 7(1) and the entity required to cancel records under regulation 7(2). The Regulations therefore create an inter-court administrative notification and cancellation pathway between the Supreme Court and the Magistrates Court Administrator.
External jurisdictions and statutes for s 65A. Regulation 8 prescribes specific statutes from other Australian jurisdictions (ACT, NSW, QLD, SA, VIC), New Zealand, the United Kingdom and specified Canadian provincial statutes as "corresponding laws" for section 65A of the Act. Regulation 9 prescribes the classes of relationships under those statutes that will be treated for s 65A purposes. The Regulations therefore limit the universe of recognised foreign/interstate relationship forms to those expressly listed; other foreign or interstate relationship forms not listed will not be covered by these Regulations for the purposes of s 65A. Any application of s 65A must therefore take these lists as the operative catalogue (regs 8-9).
Fee regime and Rules Publication Act 1953. Regulation 10 links Schedule 1 fees to the Act. Schedule 1 is displayed and numbered in accordance with the Rules Publication Act 1953 (Schedule note). The monetary amounts in Schedule 1 are expressed as fee units for specific registry functions; the Regulations do not itself define the monetary value of a fee unit , that will be governed by the wider financial administration regime (Schedule 1).
Procedural consequences rather than substantive change. The Regulations do not alter substantive rights or obligations under the Act or create new substantive offences; they create administrative steps, documentary requirements and recognition lists that operate alongside the Act and the Magistrates Court statutes referenced. The enforcement consequences therefore derive from the substantive enforcement powers already present in the Magistrates Court (Civil Division) Act 1992 but become practically available via the administrative recording mechanism these Regulations provide (regulation 6).
These interaction points show the Regulations’ primary purpose is administrative and connective: to link Supreme Court maintenance orders to Magistrates Court enforcement, to synchronise administrative records between courts, and to specify the out-of-jurisdiction or interstate relationship forms that will be treated as corresponding under s 65A. Each such linkage assigns responsibilities across institutional actors as set out in the referenced statutes (regs 3-10, Schedule 1).
Amendment history
The Regulations themselves contain minimal historical metadata. The document records the following procedural milestones and administrative facts:
Commencement. The Regulations took effect on 18 December 2023 (regulation 2).
Gazette notice. The Regulations were notified in the Gazette on 29 November 2023 (Schedule note).
Administration. The Regulations are administered by the Department of Justice (Schedule note).
No prior amendments recorded in the text. The Regulations as supplied do not include any amendment entries, savings provisions, transitional arrangements, or subsequent amendment schedules. The only dates recorded are the commencement date (18 December 2023) and the Gazette notification date (29 November 2023). The Regulations do not include a history of prior versions or amendments, nor do they provide transitional provisions for orders made prior to commencement; the operative text simply prescribes the process going forward.
Relationship to principal Act. The Regulations should be read as subordinate instruments under the Relationships Act 2003. Any amendments to the principal Act that affect sections 47, 65A or 67(1) would have consequential relevance to these Regulations; however, no such amendments are recorded within the Regulations themselves.
Schedule publication. The Schedule 1 fee table is displayed and numbered in accordance with the Rules Publication Act 1953, and is appended to the Regulations as the operative fee schedule. The Schedule includes numeric fee-unit amounts for each listed registry function but does not define the monetary equivalent of a fee unit within the text of these Regulations; any change to fee-unit value would typically be determined by a separate financial or administrative instrument rather than by these Regulations.
No saved entries for historical fee changes. The Schedule provides a single fee table; it contains no historical columns or prior-fee values, indicating this text is the initial published fee schedule for the instrument as notified.
Readers should therefore treat the Regulations as a single, recent instrument that commenced on 18 December 2023 and was notified in the Gazette on 29 November 2023, administered by the Department of Justice, with no internal record of amendments or prior versions in the supplied text (regulations 2 and 10; Schedule note).
Litigation history
The Regulations as supplied do not reference any judicial decisions, nor do they include citations to cases or litigation that interpret them. The text names no cases and contains no mention of prior judicial consideration. Specific points to note from the supplied text:
No case law cited. The Regulations contain no references to judicial authorities, decisions, or litigation histories. They refer only to statutes and administrative actors.
No transitional litigation hooks. The Regulations do not include transitional provisions which sometimes give rise to litigation about retrospective application; instead they set out prospective administrative mechanics commencing 18 December 2023 (regulation 2).
Litigation would arise, if at all, in respect of application of the underlying Acts. Any legal disputes concerning the substantive validity of periodic maintenance orders derive from the Relationships Act 2003 and the Supreme Court’s exercise of power under section 47; disputes about enforcement procedures, registrar decisions to record or not to record, or cancellation of records could give rise to litigation in due course, but none is recorded in the Regulations.
Administrative decisions subject to challenge. Because the Regulations impose administrative satisfaction tests on registrars (regulation 6(3)), in practice one might expect judicial review or statutory appeal questions could later arise about whether a registrar was properly "satisfied" or whether notice and cancellation procedures were correctly followed. The Regulations do not discuss appeal routes or standards of review; such processes would depend on the Act, the Magistrates Court (Civil Division) Act 1992, the Magistrates Court Act 1987 and general administrative law principles, none of which are detailed in the Regulations themselves.
No recorded precedent. The absence of litigation history in the Regulations means practitioners must rely on the primary statutes and future developing case law to clarify contested administrative questions, such as the content of the Registrar’s certificate form, the evidential sufficiency of service proof, or the margins of registrar satisfaction under regulation 6.
In sum, the supplied Regulations supply no litigation record; they are an administrative instrument whose application and any potential judicial review would arise from operational use after commencement, not from prior court decisions cited by the Regulations themselves (regs 2, 5-7).
Gotchas
The Regulations are tightly drafted and introduce a number of operational and practical points that can catch practitioners and clients unaware if read superficially. The notable "gotchas" grounded in the text are:
Recording is discretionary, not automatic. Even with a Supreme Court order and a certificate, the registrar of the Magistrates Court must be "satisfied" of the matters listed in regulation 6(2)(b) before recording. There is no presumption of recording; if the registrar is not satisfied, the order will not be recorded (regulation 6(3)). The Regulations provide no statutory checklist or definition of the satisfaction standard, and the Registrar of the Supreme Court’s certificate form is under the control of the Supreme Court Registrar (regulation 5(2)).
14-day non-compliance requirement. The applicant’s affidavit must state that the order "has not been complied with for at least 14 days" (regulation 6(2)(b)(ii)). That temporal threshold is a prerequisite to recording; an attempt to record sooner will fail the affidavit requirement. The Regulations do not provide guidance on when the 14-day period begins (for example, whether it runs from the due date of a payment, from service, or from a judgment date); practitioners must address timing carefully in the affidavit.
Service proof is mandatory. The affidavit must state that "a copy of the order was served on the person liable" before recording is possible (regulation 6(2)(b)(i)). The Regulations do not define acceptable proof of service or allow for substituted service mechanics; that leaves room for registrar-level interpretation.
Cancellation is automatic on notification. Once the Supreme Court Registrar gives written notice to the Administrator of the Magistrates Court of a discharge, variation or suspension, the Administrator "is to cancel all records" (regulation 7(1)-(2)). Cancellation removes Magistrates Court enforceability and causes any enforcement process to cease immediately, which can undermine in-progress enforcement if the Supreme Court later varies or suspends the order (regulation 7(3)(a)-(b)).
Re-recording is permitted but may be costly and repetitive. Regulation 7(3)(c) expressly permits a subsequent application under regulation 6(1) after cancellation, but that will require a fresh certificate and affidavit satisfying the registrar, which may duplicate fees and administrative effort.
Uncertainty about fees for recording maintenance orders. Schedule 1 prescribes fees for register searches, certified copies, priority processing, registration of deeds of relationship, amendment and revocation, but does not explicitly list a fee item titled "recording a periodic maintenance order" (regulation 10; Schedule 1). Practitioners cannot assume a specific fee item applies to the recording application; fee applicability should be confirmed with the registry or read against the Act’s fees provisions.
Certificate form under Registrar control. The Registrar of the Supreme Court determines the certificate form (regulation 5(2)). The content and level of detail required in that form may affect whether a Magistrates Court registrar is satisfied; because the form is not prescribed in the Regulations, applicants must obtain the form from the Supreme Court Registrar and ensure it meets the registrar’s evidentiary expectations.
Narrow prescription of corresponding laws and classes. Regulations 8 and 9 list specific statutes and relationship classes that qualify for section 65A recognition. Relationship forms outside these specified statutes or classes are not captured by the Regulations; practitioners should not assume that an unlisted foreign or interstate registration will be treated as corresponding for s 65A purposes (regulations 8-9).
Fee unit value not set in the Regulations. Schedule 1 lists fees in "Fee (Fee units)" with numeric values (for example, 31, 11, 121), but the Regulations do not define the monetary value of a fee unit. The monetary conversion of "fee units" will be set elsewhere in the jurisdiction’s financial rules, so the Schedule’s numbers require cross-reference to the fee unit value to calculate actual dollar costs (Schedule 1).
Reliance on administrative coordination. The pathway depends on timely written notice from the Supreme Court Registrar to the Administrator of the Magistrates Court (regulation 7(1)). Any breakdown in that administrative communication could produce interim enforcement anomalies (for example, enforcement started in Magistrates Court may continue if notice is delayed). The Regulations make the cancellation duty mandatory upon receipt of the notice but do not impose express timeframes for such notifications or for registry action.
These are not interpretive criticisms but technical traps that follow directly from the Regulation text , timing and proof thresholds, administrative discretion, gaps in the fee table’s explicit reference to recording fees, and the Registrar-controlled certificate form , all of which matter to a practitioner advising a client on enforcement strategy (regs 5-7; regulation 10; Schedule 1).
How to comply
The Regulations prescribe a straightforward but document-heavy compliance pathway for converting a Supreme Court periodic maintenance order into a Magistrates Court-enforceable instrument, and for maintaining compliance with record-keeping and notification duties. The practical steps, drawn strictly from the Regulations, are:
Secure the underlying Supreme Court order. Ensure the maintenance order is a Supreme Court order made under section 47 of the Relationships Act 2003. The Regulations treat those orders as "prescribed orders" for s 67(1) purposes (regulation 4).
Apply for a certificate from the Registrar of the Supreme Court (regulation 5(1)). The person in whose favour the order was made may apply to the Registrar of the Supreme Court for a certificate "in respect of the order". Ensure you use the certificate form as determined by the Registrar of the Supreme Court because regulation 5(2) requires the certificate to be "in a form determined by the Registrar".
Serve a copy of the order on the person liable to make payments. Before making the Magistrates Court application, serve a copy of the order on the liable person; regulation 6(2)(b)(i) requires the applicant’s affidavit to state that service has occurred.
Wait for at least 14 days of non-compliance. Regulation 6(2)(b)(ii) requires the applicant’s affidavit to state that "the order has not been complied with for at least 14 days". Confirm the applicable 14-day period and document the dates clearly in the affidavit.
Prepare an affidavit complying with regulation 6(2)(b). The affidavit must state: (i) a copy of the order was served on the person liable; (ii) the order has not been complied with for at least 14 days; and (iii) a specified amount of money is unpaid. The applicant must specify the unpaid amount in the affidavit (regulation 6(2)(b)(iii)).
Lodge an application to a registrar of the Magistrates Court with the certificate and affidavit attached (regulation 6(1)-(2)(a)). The application asks the registrar to "have [the] order ... recorded as being enforceable as if it were a judgment of the Magistrates Court". Include the certificate issued under regulation 5 and the affidavit.
Be prepared for registrar review and possible refusal. The registrar of the Magistrates Court will either record the order if satisfied as to the matters in regulation 6(2)(b), or will not record it if not satisfied (regulation 6(3)(a)-(b)). Ensure documentary proofs of service, payment dates and unpaid amounts are clear and verifiable to assist the registrar to reach satisfaction.
Check applicable fees. Regulation 10 prescribes Schedule 1 fees as payable under the Act. Schedule 1 lists fees for register searches, certified copies, priority processing and applications to register, amend or revoke deeds of relationship (Schedule 1). The Schedule does not explicitly list a fee labelled for "recording a periodic maintenance order", so confirm with the Magistrates Court registry whether any Schedule 1 fee applies to the regulation 6(1) recording application.
Monitor the Supreme Court Registrar’s notifications. If the Supreme Court later discharges, varies or suspends the order, the Registrar of the Supreme Court must give written notice to the Administrator of the Magistrates Court, which will trigger cancellation (regulations 7(1)-(2)). Any ongoing enforcement processes in the Magistrates Court will cease upon cancellation (regulation 7(3)(b)).
Re-apply if necessary. The Regulations permit re-application: after cancellation under regulation 7(2), "nothing prevents a subsequent application being made under regulation 6(1) in respect of the order" (regulation 7(3)(c)). Be prepared to repeat steps 2-7 if circumstances change.
For recognition under section 65A, verify relationship status against the prescribed lists (regulations 8-9). If advising on whether a relationship formed under an interstate or foreign statute will be recognised for s 65A purposes, confirm that the law or class is one of those expressly listed in regulations 8 and 9.
Use the Department of Justice as administrative contact. The Regulations are administered by the Department of Justice (Schedule note). For queries about forms, fee applicability, or operational matters, the Department or the relevant registry will be the administrative contact point.
Practical documentation checklist for a recording application (based on the Regulations): the Supreme Court Registrar’s certificate in the required form (regulation 5(2)); an applicant’s affidavit complying with regulation 6(2)(b) that verifies service, 14-day non-compliance and the specified unpaid amount; the original or certified copy of the Supreme Court periodic maintenance order; and confirmation of any applicable fees as per Schedule 1 (regulation 10; Schedule 1). The registrar of the Magistrates Court retains discretion to record or refuse on satisfaction grounds (regulation 6(3)), and the Supreme Court Registrar’s subsequent written notice will force cancellation and end any Magistrates Court enforcement (regulation 7).
These steps are drawn strictly from the Regulations; practitioners should ensure documentary precision on service dates and unpaid amounts, obtain the certificate form from the Supreme Court Registrar, confirm the monetary mapping of fee units for Schedule 1, and plan for the administrative nature of registrar decisions and inter-court notice flows (regs 5-7; regulation 10; Schedule 1).
Section 6Application to record order for periodic maintenance
(2) An application under subregulation (1) in respect of an order for periodic maintenance is to include the following:
(a) a certificate issued under regulation 5 ;
(b) an affidavit of the person making the application under subregulation (1) stating that –
(i) a copy of the order was served on the person liable to make payments under the order; and
(ii) the order has not been complied with for at least 14 days; and
(iii) a specified amount of money is unpaid.
(3) After receiving an application under subregulation (1) in respect of an order for periodic maintenance, the registrar of the Magistrates Court –
(a) is to record the order for periodic maintenance, if satisfied as to the matters referred to in subregulation (2)(b) ; or
(b) is not to record the order, if not satisfied as to the matters referred to in subregulation (2)(b) .
7 Cancellation of record
7 Cancellation of record
(1) The Registrar of the Supreme Court is to give written notice to the Administrator of the Magistrates Court of a discharge, variation or suspension of an order for periodic maintenance.
(2) On receipt of a notice under subregulation (1) in respect of an order for periodic maintenance, the Administrator of the Magistrates Court is to cancel all records of the order made under regulation 6(3)(a) .
(3) If a record of an order for periodic maintenance is cancelled under subregulation (2) –
(a) the order is not enforceable in the Magistrates Court; and
(b) any enforcement process in respect of that order ceases to have effect; and
(c) nothing prevents a subsequent application being made under regulation 6(1) in respect of the order.
8 Corresponding laws for purposes of section 65A of Act
8 Corresponding laws for purposes of section 65A of Act
For the purposes of section 65A of the Act, the following laws are prescribed as corresponding laws:
(a) Civil Unions Act 2012 of the Australian Capital Territory;
(b) Domestic Relationships Act 1994 of the Australian Capital Territory;
(c) Relationships Register Act 2010 of New South Wales;
(d) Civil Partnerships Act 2011 of Queensland;
(e) Relationships Register Act 2016 of South Australia;
(f) Relationships Act 2008 of Victoria;
(g) Part 2, Subpart 5 of the Births, Deaths, Marriages and Relationships Registration Act 2021 of New Zealand;
(h) Civil Union Act 2004 of New Zealand;
(i) Civil Partnership Act 2004 of the United Kingdom;
(j) Vital Statistics Act, C.C.S.M. c. V-60 of Manitoba, Canada;
(k) Vital Statistics Act, R.S.N.S. 1989, c. 494 of Nova Scotia, Canada;
(l) Civil Code of Quebec, CQLR c CCQ-1991, of Quebec, Canada.
9 Classes of relationships for the purposes of section 65A of Act
9 Classes of relationships for the purposes of section 65A of Act
For the purposes of section 65A of the Act, the following classes of relationships are prescribed:
(a) civil unions within the meaning of the Civil Unions Act 2012 of the Australian Capital Territory;
(b) civil partnerships for which registration is in force under the Domestic Relationships Act 1994 of the Australian Capital Territory;
(c) registered relationships under the Relationships Register Act 2010 of New South Wales;
(d) registered civil partnerships within the meaning of the Civil Partnerships Act 2011 of Queensland;
(e) registered relationships under the Relationships Register Act 2016 of South Australia;
(f) registered domestic relationships under the Relationships Act 2008 of Victoria;
(g) civil unions solemnised under the Civil Union Act 2004 of New Zealand;
(h) civil partnerships within the meaning of the Civil Partnership Act 2004 of the United Kingdom;
(i) common-law relationships within the meaning of the Vital Statistics Act, C.C.S.M. c. V-60 of Manitoba, Canada, which are registered under section 13.1 of that Act;
(j) domestic partnerships within the meaning of the Vital Statistics Act, R.S.N.S. 1989, c. 494 of Nova Scotia, Canada;
(k) civil unions solemnised under Title I.1 of Book 2 of the Civil Code of Quebec, CQLR c CCQ-1991, of Quebec, Canada.
10 Fees
10 Fees
The fees set out in Schedule 1 are prescribed as the fees that are payable under the Relationships Act 2003 in respect of the matters to which they relate.
SCHEDULE 1 - Fees SCHEDULE 1 - Fees
SCHEDULE 1 - Fees SCHEDULE 1 - Fees
Regulation 10
| | | Fee (Fee units) |
| 1. | A search of the Register in any one name (including the issue of the relevant certificate) – | |
| | (a) for a search covering a period not exceeding 5 years; and | 31 |
| | (b) for each additional 5-year period or part of such a period | 11 |
| 2. | An application for a search of the Register and the issue of a certified copy of an entry or document not otherwise provided for | 31 |
| 3. | Priority fee for processing a search of the Register | 22 |
| 4. | An application to register a deed of relationship | 121 |
| 5. | An application for the amendment of information in the Register not otherwise provided for | 33 |
| 6. | An application for the revocation of a deed of relationship | 50 |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 November 2023
These regulations are administered in the Department of Justice.