Document ID: chunk:federal_register_of_legislation:C2025C00167:section:35b:p1
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 35B (pt 1/3)
Character Range: 143121–145665

35B  Family Court of Western Australia

Bankruptcy courts
 (1) Section 27 applies to the Family Court of Western Australia in a corresponding way to the way in which it applies to the Federal Circuit and Family Court of Australia (Division 1).

Jurisdiction in bankruptcy—bankrupt is a party to a marriage
 (2) Subject to subsection (3) of this section, subsection 35(1) (and subsection 35(3) so far as it relates to subsection 35(1)) applies to the Family Court of Western Australia in a corresponding way to the way in which it applies to the Federal Circuit and Family Court of Australia (Division 1).
 (3) Appeals lie to the Federal Circuit and Family Court of Australia (Division 1) from a judgment of the Family Court of Western Australia exercising jurisdiction under subsection 35(1) as applied by subsection (2) of this section, and do not otherwise lie.

Jurisdiction in bankruptcy—bankrupt is a party to a de facto relationship
 (4) If, at a particular time:
 (a) a party to a de facto relationship is a bankrupt; and
 (b) the trustee of the bankrupt's estate is:
 (i) a party to proceedings under Part 5A of the Family Court Act 1997 (WA), or Part VIIIC of the Family Law Act 1975, in relation to either or both of the parties to the de facto relationship; or
 (ii) an applicant under section 205ZH of the Family Court Act 1997 (WA) for the variation or setting aside of an order made under section 205ZG of that Act in proceedings with respect to the property of either or both of the parties to the de facto relationship; or
 (iii) an applicant under section 90YZE of the Family Law Act 1975 for the setting aside of an order made under section 90YX of that Act in proceedings between the parties to the de facto relationship with respect to a superannuation interest of either or both of the parties to the de facto relationship; or
 (iv) an applicant for an order under subsection 205ZV(1) or (3) of the Family Court Act 1997 (WA) in relation to the setting aside of a financial agreement (within the meaning of Part 5A of that Act) of the parties to the de facto relationship;
then, at and after that time, the Family Court of Western Australia has jurisdiction in bankruptcy in relation to any matter connected with, or arising out of, the bankruptcy of the bankrupt.
 (5) An expression used in subsection (4) that is also used in the Family Law Act 1975 has the same meaning in that subsection as it has in that Act.
 (6) Appeals lie to the Court of Appeal established under the Supreme Court Act 1935 (WA) from a judgment of