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FAMILY COURT ACT 1997 - SECT 205ZLK

205ZLK .         Expenses of third party — FLA s. 90AJ

        (1)         Subsection (2) applies if —

            (a)         a court has made an order or granted an injunction in accordance with this Division in relation to a de facto relationship; and

            (b)         a third party in relation to the de facto relationship has incurred expense as a necessary result of the order or injunction.

        (2)         A court may make such order as it considers just for the payment of the reasonable expenses of the third party incurred as a necessary result of the order or injunction.

        (3)         In deciding whether to make an order under subsection (2), subject to what a court considers just, a court must take into account the principle that the parties to the de facto relationship should bear the reasonable expenses of the third party equally.

        (4)         The regulations may provide, in situations where a court has not made an order under subsection (2) —

            (a)         for the charging by the third party of reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of the order or injunction; and

            (b)         if such fees are charged, that each of the de facto partners in the de facto relationship is separately liable to pay the third party an amount equal to half of those fees; and

            (c)         for conferring jurisdiction on a particular court or courts in relation to the collection or recovery of such fees.

        [Section 205ZLK inserted: No. 35 of 2006 s. 34.]

        [Heading inserted: No. 25 of 2002 s. 47.]



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