Document ID: chunk:federal_register_of_legislation:C2024C00859:section:44:p4
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 44 (pt 4/4)
Character Range: 174697–176679

if proceedings are instituted by an application made with the consent of both of the parties to the de facto relationship, the court may dismiss the proceedings if it is satisfied that, because the consent was obtained by fraud, duress or unconscionable conduct, allowing the proceedings to continue would amount to a miscarriage of justice.
 (6) The court may grant the party leave to apply after the end of the standard application period if the court is satisfied that:
 (a) hardship would be caused to the party or a child if leave were not granted; or
 (b) in the case of an application for an order for the maintenance of the party—the party's circumstances were, at the end of the standard application period, such that he or she would have been unable to support himself or herself without an income tested pension, allowance or benefit.

Proceedings under Part VIIIC
 (7) Subject to subsection (9), a party to a de facto relationship may apply for an order under Part VIIIC only if:
 (a) the application is made within the period (the standard application period) of:
 (i) 2 years after the end of the de facto relationship; or
 (ii) 12 months after a Western Australian financial agreement (within the meaning of Part VIIIC) between the parties to the de facto relationship was set aside, or found to be invalid, as the case may be; or
 (b) both parties to the de facto relationship consent to the application.
 (8) However, if proceedings are instituted by an application made with the consent of both of the parties to the de facto relationship, the court may dismiss the proceedings if it is satisfied that, because the consent was obtained by fraud, duress or unconscionable conduct, allowing the proceedings to continue would amount to a miscarriage of justice.
 (9) The court may grant the party leave to apply after the end of the standard application period if the court is satisfied that hardship would be caused to the party or a child if leave were not granted.