Section 90TA — Family Law Act 1975 (Cth)

(1) In addition to the effect Part VIIIAA has apart from this section, that Part also has effect in relation to:

(a) orders and injunctions under Division 2; and

(b) proceedings for orders or injunctions under Division 2;

with the modifications provided for in subsections (2) and (3).

(2) Part VIIIAA has effect in accordance with subsection (1) as if the following substitutions were made:

Substitutions to be made

Item

For a reference in Part VIIIAA to ...

substitute a reference to ...

1

marriage

de facto relationship

2

section 79

section 90SM

3

section 114

section 90SS

4

paragraph (ca) of the definition of matrimonial cause

paragraph (c) of the definition of de facto financial cause

5

orders or injunctions under section 114

orders or injunctions under Division 2 of Part VIIIAB

6

proceedings under section 114

proceedings under Division 2 of Part VIIIAB

7

an injunction under subsection 114(3)

an injunction covered by subsection 90SS(5)

(3) Part VIIIAA has effect in accordance with subsection (1) as if:

(a) subsection 90AD(2) were replaced with the following:

“(2) For the purposes of section 90SS (to the extent that it provides for the granting of an injunction in relation to the property of a party to a de facto relationship), property includes a debt owed by a party to the de facto relationship.”; and

(b) paragraph 90AF(3)(d) were omitted; and

(c) the following paragraph were inserted after paragraph 90AF(3)(e):

“(ea) for any other injunction—the court is satisfied that, in all the circumstances, it is necessary to grant the injunction to do justice; and”; and

(d) the following subsection were added at the end of section 90AF:

“(5) Subsections (1) and (2) do not limit subsection 90SS(1).”.

Related sections

• s 90SR — Notifying non‑bankrupt de facto party about application under section 139A of the Bankruptcy Act 1966
• s 90SS — General powers of court
• s 90ST — Duty of court to end financial relations
• s 90UA — Geographical requirement for agreements made in participating jurisdictions
• s 90UB — Financial agreements before de facto relationship
• s 90UC — Financial agreements during de facto relationship

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