Western Australian Current Acts Western Australian Current Acts (1) In proceedings
under section 235A a court may —
(a) make
an order restraining a person from repossessing property of a de facto
partner; or
(b)
grant an injunction restraining a person from commencing legal proceedings
against a de facto partner.
(2) In proceedings
under section 235A, a court may make any other order, or grant any other
injunction 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 the de facto relationship.
(3) A court may make
an order or grant an injunction under subsection (1) or (2) only if —
(a) the
making of the order, or the granting of the injunction, is reasonably
necessary, or reasonably appropriate and adapted, to effect a division of
property between de facto partners; and
(b) the
order or injunction concerns a debt of a de facto partner, it is not
foreseeable at the time that the order is made, or the injunction granted,
that to make the order or grant the injunction 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 or injunction; and
(d) for
an injunction or order under section 235A(1), the court is satisfied that, in
all the circumstances, it is proper to make the order or grant the injunction;
and
(e) for
an injunction under section 235A(2), the court is satisfied that, in all the
circumstances, it is just or convenient to grant the injunction; and
(f) the
court is satisfied that the order or injunction takes into account the matters
mentioned in subsection (4).
(4) The matters are as
follows —
(a) the
taxation effect (if any) of the order or injunction on the de facto partners;
(b) the
taxation effect (if any) of the order or injunction on the third party;
(c) the
social security effect (if any) of the order or injunction on the de facto
partners;
(d) the
third party’s administrative costs in relation to the order or
injunction;
(e) if
the order or injunction concerns a debt of a de facto partner, the capacity of
a de facto partner to repay the debt after the order is made or the injunction
is granted;
(f) the
economic, legal or other capacity of the third party to comply with the order
or injunction;
(g) if,
as a result of the third party being accorded procedural fairness in relation
to the making of the order or the granting of the injunction, the third party
raises any other matters, those matters;
(h) any
other matter that the court considers relevant.
[Section 205ZLG inserted: No. 35 of 2006 s. 34.]
[Heading inserted: No. 35 of 2006 s. 34.]