Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:1_90sm:p5
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 1 cl 90SM (pt 5/6)
Character Range: 77592–80155

person who is a party to a Part VIIIAB financial agreement (that is binding on the person) 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 this section because of paragraph (10)(b), the person may, in the proceedings, apply for:
 (a) an order under section 90SM; or
 (b) a declaration under section 90SL;
in relation to the other de facto relationship described in that paragraph.

 (13) If a person becomes a party to proceedings under this section because of paragraph (10)(d), 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 this section in proceedings between the parties to a de facto relationship with respect to the property of the parties to the de facto relationship or either of them; 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 this section 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 property settlement proceedings in relation to the parties to a de facto relationship, then, except with