Commonwealth Consolidated Acts

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Declaration of interests in property

  (1)   In proceedings between the parties to a   de   facto   relationship:

  (a)   after the breakdown of the   de   facto   relationship; and

  (b)   with respect to existing title or rights in respect of property;

the court may declare the title or rights, if any, that a party has in respect of the property.

Note 1:   The geographical requirement in section   90SK must be satisfied.

Note 2:   The court must be satisfied of at least one of the matters in section   90SB.

  (2)   If a court makes a declaration under subsection   (1), it may make consequential orders to give effect to the declaration, including orders as to sale or partition and interim or permanent orders as to possession.

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