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FAMILY LAW ACT 1975 - SECT 90TA

Orders and injunctions binding third parties

  (1)   In addition to the effect Part   VIIIAA has apart from this section, that Part also has effect in relation to:

  (a)   orders and injunctions under Division   2; and

  (b)   proceedings for orders or injunctions under Division   2;

with the modifications provided for in subsections   (2) and (3).

  (2)   Part   VIIIAA has effect in accordance with subsection   (1) as if the following substitutions were made:

 

Substitutions to be made

Item

For a reference in Part   VIIIAA to ...

substitute a reference to ...

1

marriage

de   facto   relationship

2

section   79

section   90SM

3

section   114

section   90SS

4

paragraph   (ca) of the definition of matrimonial cause

paragraph   (c) of the definition of   de   facto   financial cause

5

orders or injunctions under section   114

orders or injunctions under Division   2 of Part   VIIIAB

6

proceedings under section   114

proceedings under Division   2 of Part   VIIIAB

7

an injunction under subsection   114(3)

an injunction covered by subsection   90SS(5)

  (3)   Part   VIIIAA has effect in accordance with subsection   (1) as if:

  (a)   subsection   90AD(2) were replaced with the following:

  "(2)   For the purposes of section   90SS (to the extent that it provides for the granting of an injunction in relation to the property of a party to a   de   facto   relationship), property includes a debt owed by a party to the   de   facto   relationship."; and

  (b)   paragraph   90AF(3)(d) were omitted; and

  (c)   the following paragraph were inserted after paragraph   90AF(3)(e):

  "(ea)   for any other injunction--the court is satisfied that, in all the circumstances, it is necessary to grant the injunction to do justice; and"; and

  (d)   the following subsection were added at the end of section   90AF:

  "(5)   Subsections   (1) and (2) do not limit subsection   90SS(1).".


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