PROPERTY LAW ACT 1974 - SECT 255A
Relationship of this part with the Family Law Act in relation to particular financial matters
PROPERTY LAW ACT 1974 - SECT 255A
Relationship of this part with the Family Law Act in relation to particular financial matters
255A Relationship of this part with the Family Law Act in relation to
particular financial matters
(1) The State, by the Commonwealth Powers (De Facto Relationships) Act 2003,
referred the following matters (to the extent that they are not otherwise
included in the legislative powers of the Parliament of the Commonwealth) to
the Parliament of the Commonwealth—
(a) financial matters relating to de
facto partners arising out of the breakdown (other than by reason of death) of
de facto relationships between persons of different sexes;
(b) financial
matters relating to de facto partners arising out of the breakdown (other than
by reason of death) of de facto relationships between persons of the same sex.
(2) Consequently, this part does not apply in relation to financial matters
relating to de facto partners arising out of the breakdown of their de facto
relationship if the Commonwealth Act applies in relation to the matters.
Note—
In most cases de facto partners seeking resolution of financial
matters arising out of the breakdown of their relationship should now proceed
under the Commonwealth Act.
(3) However, this part continues to apply in
relation to financial matters relating to de facto partners if the
Commonwealth Act does not apply.
Examples—
1 The Commonwealth Act, section
90SK provides that particular requirements must be satisfied before a court
may make a declaration under section 90SL of that Act. If, in the particular
circumstances of a case, those requirements are not satisfied, this part may
apply.
2 This part applies to de facto relationships that break down after 21
December 1999 and before the commencement of the
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008
(Cwlth) (the
"Commonwealth amending Act" ) on 1 March 2009. However, section 86A of the
Commonwealth amending Act provides that de facto partners whose relationship
broke down before the commencement of that amending Act may choose to agree to
the application of particular provisions of the Commonwealth Act to the de
facto relationship in particular circumstances.
