Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_90yzd:p6
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 90YZD (pt 6/8)
Character Range: 800497–803056

in relation to the other de facto relationship;
 (c) a person who is a party to a Part VIIIAB financial agreement (that is binding on the person) or a Western Australian financial agreement with a party to the subject de facto relationship;
 (d) a person:
 (i) who is a party to a marriage with a party to the subject de facto relationship; and
 (ii) who could apply, or has an application pending, for an order under section 79, or a declaration under section 78, in relation to the marriage (or void marriage);
 (e) a person who is a party to a financial agreement (that is binding on the person) with a party to the subject de facto relationship;
 (f) any other person whose interests would be affected by the making of the order.
 (11) Subsection (10) does not apply to a creditor of a party to the proceedings:
 (a) if the party is a bankrupt—to the extent to which the debt is a provable debt (within the meaning of the Bankruptcy Act 1966); or
 (b) if the party is a debtor subject to a personal insolvency agreement—to the extent to which the debt is covered by the personal insolvency agreement.
 (12) If a person becomes a party to proceedings under section 90YX because of paragraph (10)(b) of this section, the person may, in the proceedings, apply for an order under that section in relation to the other de facto relationship described in that paragraph.
 (13) If a person becomes a party to proceedings under section 90YX because of paragraph (10)(d) of this section, the person may, in the proceedings, apply for:
 (a) an order under section 79; or
 (b) a declaration under section 78;
in relation to the marriage (or void marriage) described in that paragraph.
 (14) If:
 (a) an application is made for an order under section 90YX in proceedings between the parties to a de facto relationship with respect to a superannuation interest of either or both of the parties; and
 (b) either of the following subparagraphs apply to a party to the de facto relationship:
 (i) when the application was made, the party was a bankrupt;
 (ii) after the application was made but before it is finally determined, the party became a bankrupt; and
 (c) the bankruptcy trustee applies to the court to be joined as a party to the proceedings; and
 (d) the court is satisfied that the interests of the bankrupt's creditors may be affected by the making of an order under section 90YX in the proceedings;
the court must join the bankruptcy trustee as a party to the proceedings.
 (15) If a bankruptcy trustee is a party to proceedings under this Part in relation