• “(1) In this Act, unless the context otherwise requires,—

  “administration and administrator have the same meanings as they have in section 2(1) of the Administration Act 1969

  “application means an application made under this Act

  “child of a de facto relationship includes a child whose parents have a de facto relationship with each other after the child's birth

  “child of a marriage includes a child whose parents marry each other after the child's birth

  “Court means a Court having jurisdiction in the proceedings by virtue of section 3A

  “de facto partner has the meaning given to it by section 2 of the Property (Relationships) Act 1976

  “de facto relationship has the meaning given to it by section 2 of the Property (Relationships) Act 1976

  “stepchild, in relation to any deceased person, means any child—

  • “(a) who is not a child of the deceased, but is a child of—

    • “(i) the deceased's husband or wife; or

    • “(ii) a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death and who the Court can make an order under this Act in favour of; and

  • “(b) who was living at the date of the marriage of the husband or wife to the deceased or, as the case requires, when that de facto partner and the deceased started living in the de facto relationship.”

• “(aa) a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death:”.

• “(e) the parents of the deceased, though a parent of the deceased may not make a claim under this Act unless—

  • “(i) the parent was being maintained wholly or partly or was legally entitled to be maintained wholly or partly by the deceased immediately before his or her death; or

  • “(ii) at the date of the claim, no wife or husband of the deceased, and no de facto partner of the deceased who was living in a de facto relationship with the deceased at the date of his or her death and who the Court can make an order under this Act in favour of, and no child of a marriage or child of a de facto relationship of the deceased, is living.”

• “(1) If any person (referred to in this Act as the deceased) dies, whether testate or intestate, and in terms of his or her will or as a result of his or her intestacy adequate provision is not available from his or her estate for the proper maintenance and support of the persons by whom or on whose behalf application may be made under this Act, the Court may, at its discretion on application so made, order that any provision the Court thinks fit be made out of the deceased's estate for all or any of those persons.

• “(1A) Subsection (1) overrides the Administration Act 1969, but is subject to section 4A.”

• “(a) the person is—

  • “(i) the wife or husband of the deceased, or a de facto partner of the deceased who was living in a de facto relationship with the deceased at the date of his or her death; or

  • “(ii) a child of a marriage or a child of a de facto relationship of the deceased, or a child of a marriage or a child of a de facto relationship of any such child; or”.

“4A Restrictions on orders in favour of certain de facto partners

• “(1) This section applies to a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death if the de facto relationship is a relationship of short duration as defined in section 2 of the Property (Relationships) Act 1976.

  “(2) The Court cannot make an order under this Act in favour of a de facto partner to whom this section applies unless—

  • “(a) the Court is satisfied—

    • “(i) that there is a child of the de facto relationship; or

    • “(ii) that the de facto partner has made a substantial contribution to the de facto relationship; and

  • “(b) the Court is satisfied that failure to make the order would result in serious injustice to the de facto partner.

  “(3) In subsection (2), child of the de facto relationship and contribution have the same meanings as they have in section 2 of the Property (Relationships) Act 1976.”