Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:1_34
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 1 cl 34
Character Range: 21416–22531

34  Subsections 90SM(2) and (3)
Repeal the subsections, substitute:

 (2) 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.

 (3) In considering what order (if any) should be made under this section in property settlement proceedings, the court:
 (a) is to identify:
 (i) the existing legal and equitable rights and interests in any property of the parties to the de facto relationship or either of them; and
 (ii) the existing liabilities of the parties to the de facto relationship or either of them; and
 (b) is to take into account (except for the purpose of making an order with respect to the ownership of property that is a companion animal):
 (i) the considerations set out in subsection (4) (considerations relating to contributions); and
 (ii) the considerations set out in subsection (5) (considerations relating to current and future circumstances).
Note: See subsections (6) and (7) in relation to orders with respect to property that is a companion animal.

Considerations relating to contributions