Document ID: chunk:federal_register_of_legislation:C2024C00859:section:79:p1
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 79 (pt 1/7)
Character Range: 488511–491169

79  Alteration of property interests
 (1) In property settlement proceedings, the court may make such order as it considers appropriate:
 (a) in the case of proceedings with respect to the property of the parties to the marriage or either of them—altering the interests of the parties to the marriage in the property; or
 (b) in the case of proceedings with respect to the vested bankruptcy property in relation to a bankrupt party to the marriage—altering the interests of the bankruptcy trustee in the vested bankruptcy property;
including:
 (c) an order for a settlement of property in substitution for any interest in the property; and
 (d) an order requiring:
 (i) either or both of the parties to the marriage; or
 (ii) the relevant bankruptcy trustee (if any);
  to make, for the benefit of either or both of the parties to the marriage or a child of the marriage, such settlement or transfer of property as the court determines.
 (1A) An order made under subsection (1) in property settlement proceedings may, after the death of a party to the marriage, be enforced on behalf of, or against, as the case may be, the estate of the deceased party.
 (1B) The court may adjourn property settlement proceedings, except where the parties to the marriage are:
 (a) parties to concurrent, pending or completed divorce or validity of marriage proceedings; or
 (ba) parties to a marriage who have divorced under the law of an overseas country, where that divorce is recognised as valid in Australia under section 104; or
 (bb) parties to a marriage that has been annulled under the law of an overseas country, where that annulment is recognised as valid in Australia under section 104; or
 (c) parties to a marriage who have been granted a legal separation under the law of an overseas country, where that legal separation is recognised as valid in Australia under section 104;
on such terms and conditions as it considers appropriate, for such period as it considers necessary to enable the parties to the marriage to consider the likely effects (if any) of an order under this section on the marriage or the children of the marriage, but nothing in this subsection shall be taken to limit any other power of the court to adjourn such proceedings.
 (1C) Where the period for which a court has adjourned property settlement proceedings as provided by subsection (1B) has not expired and:
 (a) divorce or validity of marriage proceedings are instituted by one or both of the parties to the marriage; or
 (ba) the parties to the marriage have divorced under the law of an overseas country and the divorce is recognised as valid in Australia under section 104; or