Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_90yzd:p1
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 90YZD (pt 1/8)
Character Range: 788780–791354

90YZD  Other rules relating to proceedings under section 90YX
 (1) If a party to a de facto relationship dies after the breakdown of the de facto relationship, an order made under section 90YX in relation to the de facto relationship may be enforced on behalf of, or against, as the case may be, the estate of the deceased party.
 (2) A court must not make an order under section 90YX unless it is satisfied that, in all the circumstances, it is just and equitable to make the order.
 (3) To avoid doubt, for the purposes of being satisfied under subsection (2) of this section that, in all the circumstances, it is just and equitable to make an order under section 90YX of this Act, the circumstances include any other orders made, or to be made, under section 205ZG of the Family Court Act 1997 (WA) in relation to property of the parties to the de facto relationship.
 (4) In considering what order (if any) should be made under section 90YX of this Act, 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 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
 (c) the contribution made by a party to the de facto relationship to the welfare of the family constituted by the parties to the de facto relationship and any children of the de facto relationship, including any contribution made in the capacity of homemaker or parent; and
 (d) the effect of any proposed order upon the earning capacity of either party to the de facto relationship; and
 (e) the following matters, so far as they are relevant:
 (i) the