Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A court cannot make an order under section 90YX with respect to a superannuation interest if:
(a) the superannuation interest is covered by a superannuation agreement that is in force; or
(b) the non - member spouse has served a waiver notice on the trustee under section 90YZQ in respect of the interest; or
(c) a payment flag is operating on the superannuation interest.
Note: Under section 90YR, the Family Court of Western Australia or the Magistrates Court of Western Australia can terminate the operation of a payment flag in certain circumstances.
(2) Subsection (1) does not prevent the court taking
superannuation interests into account when making an order under the
Family Court Act 1997 (WA) with respect to other property of the parties to
the de facto relationship.