Western Australian Current Acts Western Australian Current Acts (1) In proceedings
under section 205ZG, a court may make any of the following orders —
(a) an
order directed to a creditor of the de facto partners in a de facto
relationship to substitute one de facto partner for both partners in relation
to the debt owed to the creditor;
(b) an
order directed to a creditor of one de facto partner to substitute the other
de facto partner, or both de facto partners for that de facto partner in
relation to the debt owed to the creditor;
(c) an
order directed to a creditor of the de facto partners in a de facto
relationship that the de facto partners be liable for a different proportion
of the debt owed to the creditor than the proportion the de facto partners are
liable to before the order is made;
(d) an
order directed to a director of a company or to a company to register a
transfer of shares from one de facto partner in a de facto relationship to the
other de facto partner.
(2) In proceedings
under section 205ZG, a court may make any other order that —
(a)
directs a third party to do a thing in relation to the property of a de facto
partner; or
(b)
alters the rights, liabilities or property interests of a third party in
relation to a de facto relationship.
(3) The court may make
an order under subsection (1) or (2) only if —
(a) the
making of the order is reasonably necessary, or reasonably appropriate and
adapted, to effect a division of property between the de facto partners in a
de facto relationship; and
(b) if
the order concerns a debt of a de facto partner, it is not foreseeable at the
time that the order is made that to make the order would result in the debt
not being paid in full; and
(c) the
third party has been accorded procedural fairness in relation to the making of
the order; and
(d) the
court is satisfied that, in all the circumstances, it is just and equitable to
make the order; and
(e) the
court is satisfied that the order takes into account the matters mentioned in
subsection (4).
(4) The matters are as
follows —
(a) the
taxation effect (if any) of the order on the de facto partners;
(b) the
taxation effect (if any) of the order on the third party;
(c) the
social security effect (if any) of the order on the de facto partners;
(d) the
third party’s administrative costs in relation to the order;
(e) if
the order concerns a debt of a de facto partner, the capacity of a de facto
partner to repay the debt after the order is made;
(f) the
economic, legal or other capacity of the third party to comply with the order;
(g) if,
as a result of the third party being accorded procedural fairness in relation
to the making of the order, the third party raises any other matters, those
matters;
(h) any
other matter that the court considers relevant.
[Section 205ZLF inserted: No. 35 of 2006 s. 34.]
[Heading inserted: No. 35 of 2006 s. 34.]