Section 78 — Family Law Act 1975 (Cth)

(1) In proceedings between the parties to a marriage with respect to existing title or rights in respect of property, the court may declare the title or rights, if any, that a party has in respect of the property.

(2) Where a court makes a declaration under subsection (1), it may make consequential orders to give effect to the declaration, including orders as to sale or partition and interim or permanent orders as to possession.

Related sections

• s 75 — Matters to be taken into consideration in relation to spousal maintenance
• s 77 — Urgent spousal maintenance cases
• s 77A — Specification in orders of payments etc. for spouse maintenance purposes
• s 79 — Alteration of property interests
• s 79AA — Other matters in relation to alteration of property interests
• s 79A — Setting aside of orders altering property interests

Research how courts apply s 78

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.