(1) A person may
institute proceedings in a court for an injunction in relation to a matter
arising out of a de facto relationship and the court hearing the proceedings
may make an order or grant an injunction as it considers proper with respect
to the proceedings, including —
(a) an
injunction for the personal protection of a de facto partner; or
(b) an
injunction restraining a de facto partner from entering or remaining in
—
(i)
the home previously shared by the de facto partners; or
(ii)
a de facto partner’s principal place of residence;
or
(iii)
a place of residence or work of a de facto partner; or
(iv)
a specified area that contains a place of a kind referred
to in this paragraph;
or
(c) an
injunction in relation to the property of a de facto partner; or
(d) an
injunction relating to the use or occupancy of the home previously shared by
the de facto partner.
(2) In any proceedings
under this Act (other than proceedings to which subsection (1) applies) the
court hearing the proceedings may grant an injunction with respect to a matter
to which the proceedings relate, by interlocutory order or otherwise, in any
case in which it appears to the court to be just or convenient to do so.
(3) An injunction or
order under this section may be granted unconditionally or on such terms and
conditions as a court considers appropriate.
(4) If a de facto
partner is a bankrupt, a court may, on the application of the other de facto
partner, by interlocutory order, grant an injunction under this section
restraining the bankruptcy trustee from declaring and distributing dividends
amongst the bankrupt’s creditors.
(5) If a de facto
partner is a debtor subject to a personal insolvency agreement, a court may,
on the application of the other de facto partner, by interlocutory order,
grant an injunction under this section restraining the trustee of the
agreement from disposing of (whether by sale, gift or otherwise) property
subject to the agreement.
(6) Subsections (4)
and (5) do not limit the rest of this section.
[Section 235A inserted: No. 25 of 2002 s. 48;
amended: No. 28 of 2022 s. 30.]