FAMILY COURT ACT 1997 - SECT 205ZLK
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.]