Section 90AJ — Family Law Act 1975 (Cth)

(1) Subsection (2) applies if:

(a) the court has made an order or granted an injunction in accordance with this Part in relation to a marriage; and

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

(2) The 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 the court considers just, the court must take into account the principle that the parties to the marriage should bear the reasonable expenses of the third party equally.

(4) The regulations may provide, in situations where the 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 parties to the marriage 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.

Related sections

• s 90AG — Orders and injunctions binding on trustees
• s 90AH — Protection for a third party
• s 90AI — Service of documents on a third party
• s 90AK — Acquisition of property
• s 90A — Definitions
• s 90B — Financial agreements before marriage

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