Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 205ZCA

205ZCA .         Powers of court in maintenance proceedings — FLA s. 74

        (1)         In proceedings with respect to the maintenance of a de facto partner, the court may make such order as it considers proper for the provision of maintenance in accordance with this Division.

        (2)         Subsection (3) applies if —

            (a)         an application is made for an order under this section in proceedings between de facto partners with respect to the maintenance of 1 of the partners; and

            (b)         either of the following subparagraphs apply to 1 of the de facto partners —

                  (i)         when the application was made, the de facto partner was a bankrupt;

                  (ii)         after the application was made but before it is finally determined, the de facto partner became a bankrupt;

                and

            (c)         the bankruptcy trustee applies to the court to be joined as a party to the proceedings; and

            (d)         the court is satisfied that the interests of the bankrupt’s creditors may be affected by the making of an order under this section in the proceedings.

        (3)         The court must join the bankruptcy trustee as a party to the proceedings.

        (4)         If a bankruptcy trustee is a party to proceedings with respect to the maintenance of a de facto partner, then, except with the leave of the court, the bankrupt de facto partner is not entitled to make a submission to the court in connection with any vested bankruptcy property in relation to the bankrupt partner.

        (5)         The court must not grant leave under subsection (4) unless the court is satisfied that there are exceptional circumstances.

        (6)         Subsection (7) applies if —

            (a)         an application is made for an order under this section in proceedings between de facto partners with respect to the maintenance of 1 of the partners; and

            (b)         either of the following subparagraphs apply to 1 of the de facto partners (the debtor party ) —

                  (i)         when the application was made, the de facto partner was a debtor subject to a personal insolvency agreement;

                  (ii)         after the application was made but before it is finally determined, the de facto partner becomes a debtor subject to a personal insolvency agreement;

                and

            (c)         the trustee of the agreement applies to the court to be joined as a party to the proceedings; and

            (d)         the court is satisfied that the interests of the debtor party’s creditors may be affected by the making of an order under this section in the proceedings.

        (7)         The court must join the trustee of the agreement as a party to the proceedings.

        (8)         If the trustee of a personal insolvency agreement is a party to proceedings with respect to the maintenance of a de facto partner then, except with the leave of the court, the de facto partner who is the debtor subject to the personal insolvency agreement is not entitled to make a submission to the court in connection with any property subject to the agreement.

        (9)         The court must not grant leave under subsection (8) unless the court is satisfied that there are exceptional circumstances.

        (10)         For the purposes of subsections (2) and (6), an application for an order under this section is taken to be finally determined when —

            (a)         the application is withdrawn or dismissed; or

            (b)         an order (other than an interim order) is made as a result of the application.

        [Section 205ZCA inserted: No. 28 of 2022 s. 15.]