Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:1_4b:p1
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 1 cl 4B (pt 1/2)
Character Range: 19321–22150

4B  Third party proceedings to set aside Part VIIIAB financial agreement

 (1) For the purposes of paragraph (f) of the definition of de facto financial cause in subsection 4(1), third party proceedings means proceedings between:
 (a) any combination of:
 (i) the parties to a Part VIIIAB financial agreement; and
 (ii) the legal personal representatives of any of those parties who have died;
  (including a combination consisting solely of parties or consisting solely of representatives); and
 (b) any of the following:
 (i) a creditor;
 (ii) if a creditor is an individual who has died—the legal personal representative of the creditor;
 (iii) a government body acting in the interests of a creditor;
being proceedings for the setting aside of the Part VIIIAB financial agreement on the ground specified in paragraph 90UM(1)(b).

 (2) For the purposes of paragraph (f) of the definition of de facto financial cause in subsection 4(1), third party proceedings also means proceedings between:
 (a) any combination of:
 (i) the parties to a Part VIIIAB financial agreement; and
 (ii) the legal personal representatives of any of those parties who have died;
  (including a combination consisting solely of parties or consisting solely of representatives); and
 (b) either:
 (i) another person who is a party to a de facto relationship with one of the spouse parties to the Part VIIIAB financial agreement; or
 (ii) the legal personal representative of that other person if that person has died;
being proceedings for the setting aside of the Part VIIIAB financial agreement on the ground specified in paragraph 90UM(1)(c).

 (3) For the purposes of paragraph (f) of the definition of de facto financial cause in subsection 4(1), third party proceedings also means proceedings between:
 (a) any combination of:
 (i) the parties to a Part VIIIAB financial agreement; and
 (ii) the legal personal representatives of any of those parties who have died;
  (including a combination consisting solely of parties or consisting solely of representatives); and
 (b) either:
 (i) another person who is a party to a marriage with one of the spouse parties to the Part VIIIAB financial agreement; or
 (ii) the legal personal representative of that other person if that person has died;
being proceedings for the setting aside of the Part VIIIAB financial agreement on the ground specified in paragraph 90UM(1)(d).

 (4) In this section:

creditor means:
 (a) a creditor of a party to the Part VIIIAB financial agreement; or
 (b) a person who, at the commencement of the proceedings, could reasonably have been foreseen by the court as being reasonably likely to become a creditor of a party to the Part VIIIAB financial agreement.

government body means:
 (a) the Commonwealth, a State or a Territory; or
 (b) an official or authority of the