Western Australian Current Acts Western Australian Current Acts [(1) deleted.]
(2) In exercising
jurisdiction under section 205ZCA, the court must take into account only the
matters referred to in subsection (3).
(3) The matters to be
taken into account are —
(a) the
age and state of health of each of the de facto partners; and
(b) the
income, property and financial resources of each of the de facto partners and
the physical and mental capacity of each of them for appropriate gainful
employment; and
(c)
whether either de facto partner has the care or control of a child of the de
facto relationship who has not attained the age of 18 years; and
(d)
commitments of each of the de facto partners that are necessary to enable the
partner to support —
(i)
himself or herself; and
(ii)
a child or another person that the partner has a duty to
maintain;
and
(e) the
responsibilities of either de facto partner to support any other person; and
(f)
subject to subsection (4), the eligibility of either de facto partner for a
pension, allowance or benefit under —
(i)
any law of the Commonwealth, of a State or Territory or
of another country; or
(ii)
any superannuation fund or scheme, whether the fund or
scheme was established, or operates, within or outside Australia,
and the rate of any
such pension, allowance or benefit being paid to either de facto partner; and
(g) a
standard of living that in all the circumstances is reasonable; and
(h) the
extent to which the payment of maintenance to the de facto partner whose
maintenance is under consideration would increase the earning capacity of that
partner by enabling that partner to undertake a course of education or
training or to establish himself or herself in a business or otherwise to
obtain an adequate income; and
(ha) the
effect of any proposed order on the ability of a creditor of a de facto
partner to recover the creditor’s debt, so far as that effect is
relevant; and
(i)
the extent to which the de facto partner whose
maintenance is under consideration has contributed to the income, earning
capacity, property and financial resources of the other de facto partner; and
(j) the
duration of the de facto relationship and the extent to which it has affected
the earning capacity of the de facto partner whose maintenance is under
consideration; and
(k) the
need to protect a de facto partner who wishes to continue that partner’s
role as a parent; and
(l) if
either de facto partner is cohabiting with another person, the financial
circumstances relating to the cohabitation; and
(m) the
terms of any order made or proposed to be made under section 205ZG in relation
to —
(i)
the property of the de facto partners; or
(ii)
vested bankruptcy property in relation to a bankrupt de
facto partner;
and
(ma) the
terms of any order or declaration made or proposed to be made under the
Family Law Act Part VIIIC in relation to a de facto partner; and
(n) any
child support under the Child Support (Assessment) Act that a de facto partner
has provided, is to provide, or might be liable to provide in the future, for
a child of the de facto relationship; and
(o) any
fact or circumstance which, in the opinion of the court, the justice of the
case requires to be taken into account; and
(p) the
terms of any financial agreement or former financial agreement that is binding
on the de facto partners; and
(q)
without limiting paragraph (p), the terms of any superannuation agreement
between the de facto partners that is in force (as those terms are defined in
the Family Law Act section 90YD).
(4) In exercising its
jurisdiction under section 205ZCA, a court must disregard any entitlement of
the de facto partner whose maintenance is under consideration to an income
tested pension, allowance or benefit.
[Section 205ZD inserted: No. 25 of 2002 s. 47;
amended: No. 28 of 2022 s. 16.]