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FAMILY LAW ACT 1975 - SECT 90MS

Order under section 79 or 90SM may include orders in relation to superannuation interests

             (1)  In proceedings under section 79 or 90SM with respect to the property of spouses, the court may, in accordance with this Division, also make orders in relation to superannuation interests of the spouses.

Note 1:       Although the orders are made in accordance with this Division, they will be made under either section 79 or 90SM. Therefore they will be generally subject to all the same provisions as other orders made under that section.

Note 2:       Sections 71A and 90MO limit the scope of section 79.

Note 3:       Subsections 44(5) and (6) and sections 90SB, 90SK and 90MO limit the scope of section 90SM.

             (2)  A court cannot make an order under section 79 or 90SM in relation to a superannuation interest except in accordance with this Part.



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