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Section 74 of the Family Law Act 1975

The Law as written

Read in conjunction with s.72, s.75 and s.83

FAMILY LAW ACT 1975 - SECT 74

Power of court in spousal maintenance proceedings

             (1)  In proceedings with respect to the maintenance of a party to a marriage, the court may make such order as it considers proper for the provision of maintenance in accordance with this Part.

             (2)  If:

                     (a)  an application is made for an order under this section in proceedings between the parties to a marriage with respect to the maintenance of a party to the marriage; and

                     (b)  either of the following subparagraphs apply to a party to the marriage:

                              (i)  when the application was made, the party was a bankrupt;

                             (ii)  after the application was made but before the proceedings are finally determined, the party became a bankrupt; and

                     ©  the bankruptcy trustee applies to the court to be joined as a party to the proceedings; and

                     (d)  the court is satisfied that the interests of the bankrupt's creditors may be affected by the making of an order under this section in the proceedings;

the court must join the bankruptcy trustee as a party to the proceedings.

             (3)  If a bankruptcy trustee is a party to proceedings with respect to the maintenance of a party to a marriage, then, except with the leave of the court, the bankrupt party to the marriage is not entitled to make a submission to the court in connection with any vested bankruptcy property in relation to the bankrupt party.

             (4)  The court must not grant leave under subsection (3) unless the court is satisfied that there are exceptional circumstances.

             (5)  If:

                     (a)  an application is made for an order under this section in proceedings between the parties to a marriage with respect to the maintenance of a party to the marriage; and

                     (b)  either of the following subparagraphs apply to a party to the marriage (the debtor party ):

                              (i)  when the application was made, the party was a debtor subject to a personal insolvency agreement; or

                             (ii)  after the application was made but before it is finally determined, the party becomes a debtor subject to a personal insolvency agreement; and

                     ©  the trustee of the agreement applies to the court to be joined as a party to the proceedings; and

                     (d)  the court is satisfied that the interests of the debtor party's creditors may be affected by the making of an order under this section in the proceedings;

the court must join the trustee of the agreement as a party to the proceedings.

             (6)  If the trustee of a personal insolvency agreement is a party to proceedings with respect to the maintenance of a party to a marriage, then, except with the leave of the court, the party to the marriage who is the debtor subject to the agreement is not entitled to make a submission to the court in connection with any property subject to the agreement.

             (7)  The court must not grant leave under subsection (6) unless the court is satisfied that there are exceptional circumstances.

             (8)  For the purposes of subsections (2) and (5), an application for an order under this section is taken to be finally determined when:

                     (a)  the application is withdrawn or dismissed; or

                     (b)  an order (other than an interim order) is made as a result of the application.

Last edit: by monteverdi


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