Federal Justice System Amendment (Efficiency Measures) Act (No. 1) 2009 (122 of 2009)
Schedule 5 Binding financial agreements
Part 2 Financial matters relating to de facto relationships
Family Law Act 1975
17 Application
(1) The amendments made by items 9A to 15A apply in relation to agreements made under section 90UB, 90UC or 90UD of the Family Law Act 1975, and Part VIIIAB termination agreements, made on or after the day on which item 1 of Schedule 1 to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 commences.
(2) However, those amendments do not apply in relation to an agreement if, before the commencement of this item, a court has made an order setting aside the agreement.
(3) If, before the commencement of this item, a court has made an order under section 90SI or 90SM of the Family Law Act 1975 on the basis that an agreement did not bind the spouse parties, then, after the commencement of this item, the agreement is taken not to bind them.
(4) For an agreement made under section 90UB, 90UC or 90UD of the Family Law Act 1975 before the commencement of this item, paragraphs 90UJ(1)(c) and (ca) of the Family Law Act 1975, as inserted by item 10 of this Schedule, do not apply.
(5) For an agreement made under section 90UB, 90UC or 90UD of the Family Law Act 1975 before the commencement of this item, paragraph 90UJ(1A)(b) of the Family Law Act 1975, as inserted by item 12A of this Schedule, does not apply and the following paragraph 90UJ(1A)(b) of that Act is taken to have been inserted by that item and to apply instead:
(b) paragraph (1)(b) is not satisfied in relation to the agreement; and
(6) For a Part VIIIAB termination agreement made before the commencement of this item, paragraphs 90UL(2)(c) and (ca) of the Family Law Act 1975, as inserted by item 13 of this Schedule, do not apply.
(7) For a Part VIIIAB termination agreement made before the commencement of this item, paragraph 90UL(2A)(b) of the Family Law Act 1975, as inserted by item 15A of this Schedule, does not apply and the following paragraph 90UL(2A)(b) of that Act is taken to have been inserted by that item and to apply instead:
(b) paragraph (2)(b) is not satisfied in relation to the agreement; and