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
Family Law Act 1975
52 Before section 80
Insert:
79G Notifying bankruptcy trustee etc. about application under section 74, 78, 79 or 79A
(1) The applicable Rules of Court may make provision for a bankrupt who becomes a party to a proceeding for an application under section 74, 78, 79 or 79A to give notice of the application to the bankruptcy trustee.
(2) The applicable Rules of Court may make provision for a debtor subject to a personal insolvency agreement who becomes a party to a proceeding for an application under section 74, 78, 79 or 79A to give notice of the application to the trustee of the agreement.
79H Notifying court about bankruptcy etc.
Bankruptcy
(1) The applicable Rules of Court may make provision for a person who:
(a) is a party to a marriage; and
(b) is a party to a proceeding for an application under section 74, 78, 79 or 79A; and
(c) before that application is finally determined, becomes a bankrupt;
to notify a court exercising jurisdiction under this Act that the person has become a bankrupt.
Debtor subject to a personal insolvency agreement
(2) The applicable Rules of Court may make provision for a person who:
(a) is a party to a marriage; and
(b) is a party to a proceeding for an application under section 74, 78, 79 or 79A; and
(c) before that application is finally determined, becomes a debtor subject to a personal insolvency agreement;
to notify a court exercising jurisdiction under this Act that the person has become a debtor subject to a personal insolvency agreement.
Institution of proceeding under the Bankruptcy Act 1966
(3) The applicable Rules of Court may make provision for a person who:
(a) is a party to a marriage; and
(b) is a party to a proceeding for an application under section 74, 78, 79 or 79A; and
(c) before that application is finally determined, becomes a party to a proceeding before the Federal Court or the Federal Magistrates Court under the Bankruptcy Act 1966 that relates to:
(i) the bankruptcy of the person; or
(ii) the person's capacity as a debtor subject to a personal insolvency agreement;
to notify a court exercising jurisdiction under this Act of the institution of the proceeding under the Bankruptcy Act 1966.
(4) The applicable Rules of Court may make provision for a person who:
(a) is the bankruptcy trustee of a bankrupt party to a marriage; and
(b) applies under section 139A of the Bankruptcy Act 1966 for an order under Division 4A of Part VI of that Act;
to notify a court exercising jurisdiction under this Act of the making of the application.
When application finally determined
(5) For the purposes of this section, an application for an order under section 74, 79 or 79A is taken to be finally determined when:
(a) the application is withdrawn or dismissed; or
(b) an order (other than an interim order) is made as a result of the application.
(6) For the purposes of this section, an application for a declaration under section 78 is taken to be finally determined when:
(a) the application is withdrawn or dismissed; or
(b) a declaration is made as a result of the application.
79J Notifying non-bankrupt spouse about application under section 139A of the Bankruptcy Act 1966
The applicable Rules of Court may make provision for a person who:
(a) is the bankruptcy trustee of a bankrupt party to a marriage; and
(b) applies under section 139A of the Bankruptcy Act 1966 for an order under Division 4A of Part VI of that Act in relation to an entity (other than the other party to the marriage);
to notify the other party to the marriage of the making of the application.