Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:1_86a:p2
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 1 cl 86A (pt 2/2)
Character Range: 147278–148496

party.

(6) For the purposes of Part VIIIAB of the new Act, a choice can be included in a Part VIIIAB financial agreement for which the parties are the spouse parties.

Setting aside a choice

(7) A court may make an order setting aside a choice if the court is satisfied that, having regard to the circumstances in which the choice was made, it would be unjust and inequitable if the court does not set the choice aside.

(8) A court setting aside a choice under subitem (7) may make such order or orders (including an order for the transfer of property) as it considers just and equitable to, so far as is practicable, return the rights of:
 (a) the parties to the de facto relationship; and
 (b) any other interested persons affected by the choice;
to their position immediately before the choice was made.

(9) Subsections 90UM(8) and (9) of the new Act apply in relation to setting aside a choice as if:
 (a) a reference in those subsections to subsection 90UM(1) or (6) of the new Act were a reference to subitem (7) or (8); and
 (b) the reference in those subsections to section 90UM of the new Act were a reference to this item.

Division 3—De facto relationships linked to earlier participating jurisdictions