BANKRUPTCY ACT 1966

PART III - COURTS  

Division 2 - Jurisdiction and powers of courts in bankruptcy  

SECTION 35   FAMILY COURT ' S JURISDICTION IN BANKRUPTCY WHERE TRUSTEE IS A PARTY TO PROPERTY SETTLEMENT OR SPOUSAL MAINTENANCE PROCEEDINGS ETC.  

35(1)   [Jurisdiction - spousal maintenance proceedings]  

If, at a particular time:


(a) a party to a marriage is a bankrupt; and


(b) the trustee of the bankrupt ' s estate is:


(i) a party to property settlement proceedings in relation to either or both of the parties to the marriage; or

(ii) an applicant under section 79A of the Family Law Act 1975 for the variation or setting aside of an order made under section 79 of that Act in property settlement proceedings in relation to either or both of the parties to the marriage; or

(iia) an applicant for an order under subsection 90K(1) or (3) of the Family Law Act 1975 in relation to the setting aside of a financial agreement of the parties to the marriage; or

(iii) a party to spousal maintenance proceedings in relation to the maintenance of a party to the marriage;

then, at and after that time, the Family Court has jurisdiction in bankruptcy in relation to any matter connected with, or arising out of, the bankruptcy of the bankrupt.

35(1A)   [ Jurisdiction - bankruptcy]  

If, at a particular time:


(a) a party to a de facto relationship is a bankrupt; and


(b) the trustee of the bankrupt ' s estate is:


(i) a party to property settlement proceedings in relation to either or both of the parties to the de facto relationship; or

(ii) an applicant under section 90SN of the Family Law Act 1975 for the variation or setting aside of an order made under section 90SM of that Act in property settlement proceedings in relation to either or both of the parties to the de facto relationship; or

(iia) an applicant for an order under subsection 90UM(1) or (6) of the Family Law Act 1975 in relation to the setting aside of a Part VIIIAB financial agreement of the parties to the de facto relationship; or

(iii) a party to maintenance proceedings under Part VIIIAB of the Family Law Act 1975 in relation to the maintenance of one of the parties to the de facto relationship;

then, at and after that time, the Family Court has jurisdiction in bankruptcy in relation to any matter connected with, or arising out of, the bankruptcy of the bankrupt.

35(2)   [Transfer of proceedings to Family Court]  

Subsections (1) and (1A) do not limit the Family Court ' s jurisdiction under section 35A .

35(3)   [Interpretation]  

In this section:

property settlement proceedings
has the same meaning as in the Family Law Act 1975 .

spousal maintenance proceedings
means proceedings under the Family Law Act 1975 with respect to the maintenance of a party to a marriage.

35(4)   [ Meaning]  

An expression used in subsection (1A) that is also used in the Family Law Act 1975 has the same meaning in that subsection as it has in that Act.




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