Property (Relationships) Regulation 2025 (NSW)

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Part 1Preliminary1Name of regulation

This regulation is the Property (Relationships) Regulation 2025.

2Commencement

This regulation commences on 1 September 2025.

Note—

This regulation replaces the Property (Relationships) Regulation 2020, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

3Definitions

In this regulation—

judgment of the Local Court means a judgment of the Local Court in its civil jurisdiction.

maintenance order means an order for maintenance under the Act, Part 3.

periodic maintenance order means an order for periodic maintenance under the Act, Part 3.

proceedings, for Part 2—see section 4.

the Act means the Property (Relationships) Act 1984.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2Proceedings before Local Court—the Act, s 614Definition

In this part—

proceedings means proceedings in the Local Court in its exercise of jurisdiction under the Act.

5Transcription of proceedings

A proceeding must not be transcribed except by order of a Magistrate or registrar of the Local Court.

6Directions about practice and procedure

The Local Court may give directions in relation to the practice or procedure in a particular case if satisfied—

  • (a)

    the Act or this regulation does not adequately provide for the practice or procedure in the case, or

  • (b)

    it is unclear which practice or procedure applies in the case, or

  • (c)

    it would be unreasonable or impracticable to follow the practice or procedure that applies in the case.

7Information about proceedings(1)

Information about proceedings must not be published other than by a registrar of the Local Court in the form of a list of proceedings containing the following—

  • (a)

    either—

    • (i)

      the initials of the parties, or

    • (ii)

      another reference to the parties that the registrar considers appropriate,

  • (b)

    the name of the Magistrate,

  • (c)

    the time at which, and the place or courtroom in which, the Magistrate will sit,

  • (d)

    a description of the general nature of the application to be heard by the Magistrate.

(2)

In this section—

publish has the same meaning as in the Court Suppression and Non-publication Orders Act 2010.

8Searching and inspecting documents(1)

A person must not, without leave of a Magistrate or registrar of the Local Court, search or inspect documents relating to proceedings.

(2)

Subsection (1) does not apply to the following persons—

  • (a)

    the Attorney General,

  • (b)

    a person authorised by the Attorney General to search or inspect documents on the Attorney General’s behalf,

  • (c)

    a party to the proceedings to which the documents sought relate.

(3)

Leave may be granted under subsection (1) only to a person who demonstrates a proper interest in searching or inspecting the documents.

(4)

In determining whether a person demonstrates a proper interest in searching or inspecting the documents for subsection (3), the Magistrate or registrar must consider the following matters—

  • (a)

    the impact of granting leave to the parties to the proceedings,

  • (b)

    the connection the person to whom the Magistrate or registrar is considering granting leave has to the proceedings,

  • (c)

    the reasons for which the person has sought to search or inspect the documents,

  • (d)

    other matters the Magistrate or registrar considers relevant.

(5)

Leave may be granted subject to conditions determined by—

  • (a)

    the Local Court, or

  • (b)

    a registrar of the Local Court.

9Payment of maintenance(1)

An amount of money required to be paid under a maintenance order must be paid to—

  • (a)

    the registrar of the Local Court, or

  • (b)

    a person specified by order of the Local Court.

(2)

As soon as practicable after receiving payment of an amount of money under a maintenance order, the registrar of the Local Court or specified person must remit the money to the person in whose favour the order was made.

Part 3Enforcement of periodic maintenance orders—the Act, ss 57 and 6110Enforcement of Supreme Court order

A periodic maintenance order made by the Supreme Court under the Act, section 27 may be enforced in the Local Court as if the order were a judgment of the Local Court.

11Certificate for periodic maintenance order(1)

The Prothonotary of the Supreme Court or a relevant registrar of the Local Court may give a certificate set out in Schedule 1, Form 1 to a person in whose favour a periodic maintenance order has been made.

(2)

The certificate—

  • (a)

    for an order made by the Supreme Court—must be signed by the Prothonotary and sealed with the seal of the Supreme Court, or

  • (b)

    for an order made by the Local Court—must be signed by the relevant registrar of the Local Court.

12Certificate for amount of maintenance paid(1)

A registrar of the Local Court must, on request by a person in whose favour a periodic maintenance order has been made, give the person a certificate set out in Schedule 1, Form 2 specifying—

  • (a)

    the amount paid under the order on or before the date specified in the certificate, and

  • (b)

    the amount due under the order remaining unpaid on the date.

(2)

A certificate under this section is evidence of the matters in subsection (1)(a) and (b).

13Matters to be satisfied before recording order as judgment(1)

A registrar of the Local Court may, on application, record as a judgment of the Local Court a periodic maintenance order for which a certificate under section 11 has been issued.

(2)

An application to record a periodic maintenance order as a judgment of the Local Court must be accompanied by—

  • (a)

    for an application in relation to an order in which the registrar is specified as the person to whom the maintenance payment must be made—

    • (i)

      a certificate under section 11, and

    • (ii)

      a recent certificate under section 12, or

  • (b)

    otherwise—

    • (i)

      a certificate under section 11, and

    • (ii)

      a recent certificate under section 12, and

    • (iii)

      an affidavit in support of the matters referred to in subsection (4).

(3)

A certificate under section 12 is a recent certificate if the date specified in the certificate as the date as at which the amounts under the order have been paid, or remain unpaid, is no more than 10 days before the date of the application to which the certificate relates.

(4)

A registrar of the Local Court may record a periodic maintenance order as a judgment of the Local Court if satisfied—

  • (a)

    that either—

    • (i)

      a copy of the order has been served on the person required to make payments under the order, or

    • (ii)

      service of a copy of the order on the person has been dispensed with by the Local Court, and

  • (b)

    that the order has not been complied with for at least 14 days.

14Notice of discharge, variation or suspension of periodic maintenance order(1)

The parties to a periodic maintenance order made by the Supreme Court that is recorded as a judgment of the Local Court under section 13 must give written notice to the relevant registrar of the Local Court of any discharge, variation or suspension of the order.

(2)

On receipt of the notice, the registrar of the Local Court must cancel the judgment.

(3)

On cancellation of the judgment—

  • (a)

    the periodic maintenance order ceases to be enforceable by the Local Court in which the order is recorded, and

  • (b)

    the order remains unenforceable by that Court until the order is again recorded in the Court, and

  • (c)

    any enforcement process arising out of the recording of the order ceases to have effect.

Part 4Domestic relationship agreements and termination agreements15Certificate of independent advice on effect of agreements

For the Act, section 47(1)(d), the prescribed form of certificate is set out in Schedule 1, Form 3.

Part 5Domestic violence and harassment16Service of injunctions relating to domestic relationships

For the Act, section 54(1)(a), a copy of an order for an injunction granted under the Act, section 53 may be served—

  • (a)

    by delivering it personally to the person against whom the order is made, or

  • (b)

    by leaving it at, or by posting it to, the last address of that person known to the person by whom it is served.

Part 6Miscellaneous17Savings

An act, matter or thing that, immediately before the repeal of the Property (Relationships) Regulation 2020, had effect under that regulation continues to have effect under this regulation.

Schedule 1Forms

sections 11, 12 and 15

Form 1Certificate of order for payment of periodic maintenanceProperty (Relationships) Act 1984

* Please cross out any text that does not apply

In the Court of—

Applicant

Name of person in whose favour the order was made—

Address—

Respondent

Name of person ordered to pay periodic maintenance—

Address—

Abstract of Order
  • 1

    The application under the Property (Relationships) Act 1984, section 27 was heard on the [date].

  • 2

    The Court ordered that the respondent pay maintenance of $[amount] a week to the applicant.

  • 3

    The payments of maintenance must be made to the *applicant/registrar of the Court.

  • 4

    Order for payment of maintenance takes effect from—

    with the first payment being made on or before—

  • 5

    Payments of maintenance must continue until further order of the Court or otherwise in accordance with the provisions of the Property (Relationships) Act 1984.

Other relevant particulars

(e.g. name, birth date of any child and details of any physical or intellectual disability)

I certify that this certificate correctly states particulars of an order made in this Court.

Dated this day of 20.

Signed—

(*Prothonotary/registrar of the Court)

Form 2Certificate of amounts paid under order for periodic maintenanceProperty (Relationships) Act 1984

In the Court of—

Applicant

Name of person in whose favour the order was made—

Address—

Respondent

Name of person ordered to pay periodic maintenance—

Address—

I certify that the amount that according to the records of this Court has been paid under the order made in the proceedings between the applicant and the respondent on the [date] is $[amount] and that the amount that according to those records remains unpaid at this date is $[amount].

Dated this day of 20.

Signed—

(Registrar of the Court)

Form 3Certificate of independent advice—the Act, s 47(1)(d)Property (Relationships) Act 1984

I, [name], solicitor, certify that, in relation to an agreement in writing proposed to be entered into between [the parties], I advised [my client], independently of the other party and before the time at which my client signed the agreement, of the following matters—

  • 1

    the effect of the agreement on the rights of the parties to apply for an order under the Property (Relationships) Act 1984, Part 3,

  • 2

    the advantages and disadvantages, at the time that the advice was provided, to my client of making the agreement.

Dated this day of 20.

Signed—

(Solicitor)

Historical notesTable of amending instruments

Property (Relationships) Regulation 2025 (433). LW 22.8.2025. Date of commencement: not in force.

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