Document ID: chunk:federal_register_of_legislation:C2004A01223:clause:6_90ae:p1
Version: federal_register_of_legislation:C2004A01223
Segment Type: clause
Provision Reference: sch 6 cl 90AE (pt 1/2)
Character Range: 52244–54679

90AE  Court may make an order under section 79 binding a third party

 (1) In proceedings under section 79, the court may make any of the following orders:
 (a) an order directed to a creditor of the parties to the marriage to substitute one party for both parties in relation to the debt owed to the creditor;
 (b) an order directed to a creditor of one party to a marriage to substitute the other party, or both parties, to the marriage for that party in relation to the debt owed to the creditor;
 (c) an order directed to a creditor of the parties to the marriage that the parties be liable for a different proportion of the debt owed to the creditor than the proportion the parties are liable to before the order is made;
 (d) an order directed to a director of a company or to a company to register a transfer of shares from one party to the marriage to the other party.

 (2) In proceedings under section 79, the court may make any other order that:
 (a) directs a third party to do a thing in relation to the property of a party to the marriage; or
 (b) alters the rights, liabilities or property interests of a third party in relation to the marriage.

 (3) The court may only make an order under subsection (1) or (2) if:
 (a) the making of the order is reasonably necessary, or reasonably appropriate and adapted, to effect a division of property between the parties to the marriage; and
 (b) if the order concerns a debt of a party to the marriage—it is not foreseeable at the time that the order is made that to make the order would result in the debt not being paid in full; and
 (c) the third party has been accorded procedural fairness in relation to the making of the order; and
 (d) the court is satisfied that, in all the circumstances, it is just and equitable to make the order; and
 (e) the court is satisfied that the order takes into account the matters mentioned in subsection (4).

 (4) The matters are as follows:
 (a) the taxation effect (if any) of the order on the parties to the marriage;
 (b) the taxation effect (if any) of the order on the third party;
 (c) the social security effect (if any) of the order on the parties to the marriage;
 (d) the third party's administrative costs in relation to the order;
 (e) if the order concerns a debt of a party to the marriage—the capacity of a party to the marriage to repay the debt after the order is made;

Note: See paragraph (3)(b) for requirements for