Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p35
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 84555–87185

another person that the party has a duty to maintain;";
     (b) by inserting at the beginning of paragraph (2) (f) "subject to subsection (3),"; and
     (c) by adding at the end the following subsection:
    "(3) In exercising its jurisdiction under section 74, a court shall disregard any entitlement of the party whose maintenance is under consideration to an income tested pension, allowance or benefit.".

Repeal of section 76
40. Section 76 of the Principal Act is repealed.

Urgent spousal maintenance cases
41. Section 77 of the Principal Act is amended by omitting "or a child of a marriage" and "or child".

42. After section 77 of the Principal Act the following section is inserted:

Specification in orders of payments etc. for spouse maintenance purposes
"77a. (1) Where:
     (a) a court makes an order under this Act (whether or not the order is made in proceedings in relation to the maintenance of a party to a marriage, is made by consent or varies an earlier order), and the order has the effect of requiring:

          (i) payment of a lump sum, whether in one amount or by instalments; or
          (ii) the transfer or settlement of property; and
     (b) the purpose, or one of the purposes, of the payment, transfer or settlement is to make provision for the maintenance of a party to a marriage;
the court shall:
     (c) express the order to be an order to which this section applies; and
     (d) specify the portion of the payment, or the value of the portion of the property, attributable to the provision of maintenance for the party.
"(2) Where:
     (a) a court makes an order of a kind referred to in paragraph (1) (a); and
     (b) the order:
          (i) is not expressed to be an order to which this section applies; or
          (ii) is expressed to be an order to which this section applies, but does not comply with paragraph (1) (d);
any payment, transfer or settlement of a kind referred to in paragraph (1) (a), that the order has the effect of requiring, shall be taken not to make provision for the maintenance of a party to the relevant marriage.".

General powers of court
43. Section 80 of the Principal Act is amended:
     (a) by inserting after paragraph (b) the following paragraph:
          "(ba) order that a specified transfer or settlement of property be made by way of maintenance for a party to a marriage;";
     (b) by omitting paragraph (g); and
     (c) by adding at the end the following subsections:
    "(2) The making of an order of a kind referred to in paragraph (1) (ba), or of any other order under this Part, in relation to the maintenance of a party to a