Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:1_43:p3
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 1 cl 43 (pt 3/3)
Character Range: 28295–30353

both of the parties to the subject de facto relationship;
 (v) the terms of any financial agreement that is binding on a party to the subject de facto relationship;
 (w) any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.

Considerations relating to companion animals
 (6) In property settlement proceedings, so far as they are with respect to property that is a companion animal, the court may make an order (including a consent order or an interim order):
 (a) that only one party to the de facto relationship, or only one person who has been joined as a party to the proceedings, is to have ownership of the companion animal; or
 (ab) that the companion animal be transferred to another person who has consented to the transfer; or
 (b) that the companion animal be sold.
The court may not make any other kind of order under this section with respect to the ownership of the companion animal.
Note: For companion animal, see subsection 4(1).
 (7) In considering what order (if any) should be made under this section with respect to the ownership of property that is a companion animal, the court is to take into account the following considerations, so far as they are relevant:
 (a) the circumstances in which the companion animal was acquired;
 (b) who has ownership or possession of the companion animal;
 (c) the extent to which each party cared for, and paid for the maintenance of, the companion animal;
 (d) any family violence to which one party has subjected or exposed the other party;
 (e) any history of actual or threatened cruelty or abuse by a party towards the companion animal;
 (f) any attachment by a party, or a child of the de facto relationship, to the companion animal;
 (g) the demonstrated ability of each party to care for and maintain the companion animal in the future, without support or involvement from the other party;
 (h) any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.