Document ID: chunk:federal_register_of_legislation:C2024C00859:section:79a:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 79A (pt 2/3)
Character Range: 505164–507572

child is to live with the person; or
 (ii) the person has parental responsibility for the child.
 (1B) An order varied or made under subsection (1) or (1A) may, after the death of a party to the marriage in which the order was so varied or made, be enforced on behalf of, or against, as the case may be, the estate of the deceased party.
 (1C) Where, before proceedings under this section in relation to an order made under section 79 are completed, a party to the marriage dies:
 (a) the proceedings may be continued by or against, as the case may be, the legal personal representative of the deceased party and the applicable Rules of Court may make provision in relation to the substitution of the legal personal representative as a party to the proceedings;
 (b) if the court is of the opinion:
 (i) that it would have exercised its powers under subsection (1) or (1A) in relation to the order if the deceased party had not died; and
 (ii) that it is still appropriate to exercise its powers under subsection (1) or (1A) in relation to the order;
  the court may vary the order, set the order aside, or set the order aside and make another order under section 79 in substitution for the order so set aside; and
 (c) an order varied or made by the court pursuant to paragraph (b) may be enforced on behalf of, or against, as the case may be, the estate of the deceased party.
 (2) In the exercise of its powers under subsection (1), (1A) or (1C), a court shall have regard to the interests of, and shall make any order proper for the protection of, a bona fide purchaser or other person interested.
 (3) In this section, a reference to an order made by a court under section 79 includes a reference to an order made by a court under section 86 of the repealed Act.
 (4) For the purposes of this section, a creditor of a party to the proceedings in which the order under section 79 was made is taken to be a person whose interests are affected by the order if the creditor may not be able to recover his or her debt because the order has been made.
 (5) For the purposes of this section, if:
 (a) an order is made by a court under section 79 in proceedings with respect to the property of the parties to a marriage or either of them; and
 (b) either of the following subparagraphs apply to a party to the marriage:
 (i) when the order was made, the party was a bankrupt;
 (ii) after the order was made, the