Civil Law and Justice Legislation Amendment Act 2018 (130 of 2018)

Schedule 6   Amendment of the Family Law Act 1975

Part 1   Main amendments

Family Law Act 1975

17   Subsection 44(5)

Repeal the subsection, substitute:

Proceedings in relation to de facto relationships

(5) Subject to subsection (6), a party to a de facto relationship may apply for an order under section 90SE, 90SG or 90SM, or a declaration under section 90SL, only if:

(a) the application is made within the period (the standard application period ) of:

(i) 2 years after the end of the de facto relationship; or

(ii) 12 months after a financial agreement between the parties to the de facto relationship was set aside, or found to be invalid, as the case may be; or

(b) both parties to the de facto relationship consent to the application.

(5A) However, if proceedings are instituted by an application made with the consent of both of the parties to the de facto relationship, the court may dismiss the proceedings if it is satisfied that, because the consent was obtained by fraud, duress or unconscionable conduct, allowing the proceedings to continue would amount to a miscarriage of justice.