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

12   Subsection 4(1) (after paragraph (ca) of the definition of matrimonial cause )

Insert:

(cb) proceedings between:

(i) a party to a marriage; and

(ii) the bankruptcy trustee of a bankrupt party to the marriage;

with respect to any vested bankruptcy property in relation to the bankrupt party, being proceedings:

(iii) arising out of the marital relationship; or

(iv) in relation to concurrent, pending or completed divorce or validity of marriage proceedings between the parties to the marriage; or

(v) in relation to the divorce of the parties to the marriage, the annulment of the marriage or the legal separation of the parties to the marriage, being a divorce, annulment or legal separation effected in accordance with the law of an overseas jurisdiction, where that divorce, annulment or legal separation is recognised as valid in Australia under section 104; or