Bankruptcy and Family Law Legislation Amendment Act 2005 (20 of 2005)

Schedule 1   Amendments relating to the interaction between family law and bankruptcy law

Part 1   Amendments

Bankruptcy Act 1966

2   After section 34A

Insert:

35 Family Court's jurisdiction in bankruptcy where trustee is a party to property settlement or spousal maintenance proceedings etc.

(1) If, at a particular time:

(a) a party to a marriage is a bankrupt; and

(b) the trustee of the bankrupt's estate is:

(i) a party to property settlement proceedings in relation to either or both of the parties to the marriage; or

(ii) an applicant under section 79A of the Family Law Act 1975 for the variation or setting aside of an order made under section 79 of that Act in property settlement proceedings in relation to either or both of the parties to the marriage; or

(iii) a party to spousal maintenance proceedings in relation to the maintenance of a party to the marriage;

then, at and after that time, the Family Court has jurisdiction in bankruptcy in relation to any matter connected with, or arising out of, the bankruptcy of the bankrupt.

(2) Subsection (1) does not limit the Family Court's jurisdiction under section 35A.

(3) In this section:

property settlement proceedings has the same meaning as in the Family Law Act 1975.

spousal maintenance proceedings means proceedings under the Family Law Act 1975 with respect to the maintenance of a party to a marriage.