Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 255A

255A Relationship of this part with the Family Law Act in relation to particular financial matters

(1) The State, by the Commonwealth Powers (De Facto Relationships) Act 2003 , referred the following matters (to the extent that they are not otherwise included in the legislative powers of the Parliament of the Commonwealth) to the Parliament of the Commonwealth—

(a) financial matters relating to de facto partners arising out of the breakdown (other than by reason of death) of de facto relationships between persons of different sexes;

(b) financial matters relating to de facto partners arising out of the breakdown (other than by reason of death) of de facto relationships between persons of the same sex.

(2) Consequently, this part does not apply in relation to financial matters relating to de facto partners arising out of the breakdown of their de facto relationship if the Commonwealth Act applies in relation to the matters.

Note—

In most cases de facto partners seeking resolution of financial matters arising out of the breakdown of their relationship should now proceed under the Commonwealth Act.

(3) However, this part continues to apply in relation to financial matters relating to de facto partners if the Commonwealth Act does not apply.

Examples—

1 The Commonwealth Act, section 90SK provides that particular requirements must be satisfied before a court may make a declaration under section 90SL of that Act. If, in the particular circumstances of a case, those requirements are not satisfied, this part may apply.

2 This part applies to de facto relationships that break down after 21 December 1999 and before the commencement of the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cwlth) (the
"Commonwealth amending Act" ) on 1 March 2009. However, section 86A of the Commonwealth amending Act provides that de facto partners whose relationship broke down before the commencement of that amending Act may choose to agree to the application of particular provisions of the Commonwealth Act to the de facto relationship in particular circumstances.