Authority Updates - Queensland - September 2016

Revised Titles Registry Forms 5A and 6

The Titles Registry Form 5A -Transmission Application by Personal Representative (No Grant in Queensland) and Form 6 - Transmission Application for Registration as Devisee/Legatee have been amended.

Amendments have been done in accordance with the legislation changes below.

In 2012 the Civil Partnership Act 2011 (Qld) introduced civil partnerships and included provisions that a couple of any gender could, hold an official civil ceremony prior to registering their relationship. The terminology for this relationship was “civil partnership”.

In 2012 the Civil Partnerships and Other Legislation Amendment Act 2012 (Qld) was passed which renamed the Civil Partnership Act 2011 to Relationships Act 2011 (Qld). The terminology “civil partnership” was replaced with
“registered relationship” and the provisions which allowed couples, to participate in a civil ceremony prior to registering the relationship were removed. 

The Relationships (Civil Partnerships) and Other Acts Amendment Act 2015 (“the Act”) commenced on 22 March 2016, the purpose of which was to undo those provisions which had been passed in the Civil Partnerships and Other Legislation Amendment Act 2012. 

The Relationships Act 2011 was renamed the Civil Partnerships Act and the term “registered relationship” was renamed “civil partnership”. The provisions allowing civil ceremonies were reinstated.

Amendment of Succession Act 1981
 
The Act made minor amendments to the Succession Act 1981 by replacing the terms “registered partner” and “registered relationship” with “civil partner” and “civil partnership” respectively. The Act also amended “termination of a civil partnership” to mean termination 
under the Civil Partnerships Act 2011, section 18, and “void” to mean void under the Civil Partnerships Act 2011, section 30.

Although the terminology has been changed, there has not been any change in the substance of the provisions governing the circumstances under which a Will (or provisions of a Will) are void, as the provisions which applied to “registered relationships” continue to apply
to “civil partnerships”.

Updated forms are now available online and the Land Title Practice Manual has been amended to incorporate these changes.

Forms that make reference to “registered relationship” and the Relationships Act 2011 will continue to be accepted for lodgement up until Friday 25 November 2016.

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd  ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.