Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_90sm:p1
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 90SM (pt 1/7)
Character Range: 638558–641199

90SM  Alteration of property interests
 (1) In property settlement proceedings after the breakdown of a de facto relationship, 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 de facto relationship or either of them—altering the interests of the parties to the de facto relationship 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 de facto relationship—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 de facto relationship; or
 (ii) the relevant bankruptcy trustee (if any);
  to make, for the benefit of either or both of the parties to the de facto relationship or a child of the de facto relationship, such settlement or transfer of property as the court determines.
Note 1: The geographical requirement in section 90SK must be satisfied.
Note 2: The court must be satisfied of at least one of the matters in section 90SB.
Note 3: For child of a de facto relationship, see section 90RB.
 (2) If a party to the de facto relationship dies after the breakdown of the de facto relationship, an order made under subsection (1) in property settlement proceedings may be enforced on behalf of, or against, as the case may be, the estate of the deceased party.
 (3) The court must not make an order under this section unless it is satisfied that, in all the circumstances, it is just and equitable to make the order.
 (4) In considering what order (if any) should be made under this section in property settlement proceedings, the court must take into account:
 (a) the financial contribution made directly or indirectly by or on behalf of a party to the de facto relationship, or a child of the de facto relationship:
 (i) to the acquisition, conservation or improvement of any of the property of the parties to the de facto relationship or either of them; or
 (ii) otherwise in relation to any of that last‑mentioned property;
  whether or not that last‑mentioned property has, since the making of the contribution, ceased to be the property of the parties to the de facto relationship or either of them; and
 (b) the contribution (other than a financial contribution) made directly or indirectly by or on behalf of a party to the de facto relationship, or a child of the de facto relationship:
 (i) to the acquisition, conservation or improvement of