Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_90ys:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 90YS (pt 2/3)
Character Range: 774907–777535

or section 205ZA of the Family Court Act 1997 (WA), in relation to the other de facto relationship; or
 (iii) with reckless disregard of those interests of that other person; or
 (d) a party (the agreement party) to the agreement entered into the agreement:
 (i) for the purpose, or for purposes that included the purpose, of defrauding another person who is a party to a marriage with a party to the agreement; or
 (ii) for the purpose, or for purposes that included the purpose, of defeating the interests of that other person in relation to any possible or pending application for an order under section 79, or a declaration under section 78, in relation to the marriage (or void marriage); or
 (iii) with reckless disregard of those interests of that other person; or
 (e) the agreement is void, voidable or unenforceable; or
 (f) in the circumstances that have arisen since the agreement was made it is impracticable for the agreement or a part of the agreement to be carried out; or
 (g) since the making of the agreement, a material change in circumstances has occurred (being circumstances relating to the care, welfare and development of a child of the de facto relationship) and, as a result of the change, the child or, if the applicant has caring responsibility for the child (as defined in subsection (6)), a party to the agreement will suffer hardship if the court does not set the agreement aside; or
 (h) a party to the agreement engaged in conduct that was, in all the circumstances, unconscionable; or
 (i) the agreement covers at least one superannuation interest that is an unsplittable interest for the purposes of this Part.
Note: If a court makes an order setting aside a flag lifting agreement, the court may then make an order under section 90YX in relation to the superannuation interest.
 (5) For the purposes of paragraph (4)(b), creditor, in relation to a party to the agreement, includes a person who could reasonably have been foreseen by the party as being reasonably likely to become a creditor of the party.
 (6) For the purposes of paragraph (4)(g), a person has caring responsibility for a child if:
 (a) the person is a parent of the child with whom the child lives; or
 (b) a parenting order provides that:
 (i) the child is to live with the person; or
 (ii) the person has parental responsibility for the child.
 (7) An order setting aside a flag lifting agreement also operates to set aside the related superannuation agreement.
 (8) If the Family Court of Western Australia, or the Magistrates Court of Western Australia, makes an order under the Family Court Act 1997 (WA) setting aside