Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (115 of 2008)

Schedule 2   Consequential amendments relating to de facto financial matters

Bankruptcy Act 1966

5   After subsection 35(1)

Insert:

(1A) If, at a particular time:

(a) a party to a de facto relationship 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 de facto relationship; or

(ii) an applicant under section 90SN of the Family Law Act 1975 for the variation or setting aside of an order made under section 90SM of that Act in property settlement proceedings in relation to either or both of the parties to the de facto relationship; or

(iii) a party to maintenance proceedings under Part VIIIAB of the Family Law Act 1975 in relation to the maintenance of one of the parties to the de facto relationship;

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.


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