Family Law Act 1975
Sections and provisions with full text and the judgments that cite each one.
Section 90UN — Validity, enforceability and effect of financial agreements and termination agreements
The question whether a Part VIIIAB financial agreement or a Part VIIIAB termination agreement is valid, enforceable or effective is to be determined by the court according to the principles of law…
Section 90XN — Flag lifting agreement etc.
(1) At any time when a payment flag is operating on a superannuation interest, the spouses may make an agreement (a flag lifting agreement) that either: (a) provides that the flag is to cease…
Section 90YN — Payment split under superannuation agreement or flag lifting agreement
(1) This section applies to a superannuation interest if: (a) the interest is identified in a superannuation agreement or flag lifting agreement; and (b) if the interest is a percentage-only…
Section 90YZN — Multiple payment splits applying to the same splittable payment
(1) This section applies if 2 or more payment splits apply to the same splittable payment. (2) The payments splits are to be calculated in order of their operative times, starting with the earliest…
Section 90SO — Notifying third parties about application
The applicable Rules of Court may specify the circumstances in which a person who: (a) applies for an order under this Division; or (b) is a party to a proceeding for an order under this Division; is…
Section 90XO — Limitation on section 79 or 90SM order
(1) A court cannot make an order under section 79 or 90SM with respect to a superannuation interest if: (a) the superannuation interest is covered by a superannuation agreement that is in force; or…
Section 90YO — Operative time for payment flag
(1) The operative time for a payment flag under a superannuation agreement is: (a) the service time, if the eligible superannuation plan is a self-managed superannuation fund; or (b) otherwise, the…
Section 90YZO — Fees payable to trustee
(1) The regulations may: (a) allow trustees to charge reasonable fees: (i) in respect of a payment split; or (ii) otherwise in respect of the operation of this Part in relation to a superannuation…
Section 90P — Lifting a stay
(1) A court that stayed the property settlement or spousal maintenance proceedings under section 90N must wholly or partially lift the stay if: (a) either party to the proceedings makes an…
Section 90SP — Notifying bankruptcy trustee etc. about application under section 90SE, 90SL, 90SM or 90SN
(1) The applicable Rules of Court may make provision for a bankrupt who becomes a party to a proceeding for an application under section 90SE, 90SL, 90SM or 90SN to give notice of the application to…
Section 90XP — Separation declaration
(1) A separation declaration is a written declaration that complies with this section, and may be included in the superannuation agreement to which it relates. (2) The declaration must be signed by…
Section 90YP — Payment flag
(1) This section applies to a superannuation interest if: (a) the interest is identified in a superannuation agreement; and (b) the agreement provides that the interest is to be subject to a payment…
Section 90YZP — Superannuation preservation requirements
(1) If the eligible superannuation plan for a payment split is a regulated superannuation fund or approved deposit fund, then the entitlement of the non-member spouse is subject to any regulations…
Section 90Q — Intervention by proceeds of crime authority
(1) The proceeds of crime authority may intervene in any property settlement or spousal maintenance proceedings in relation to which a court is notified under section 90M, or in any proceedings under…
Section 90SQ — Notifying court about bankruptcy etc.
Bankruptcy (1) The applicable Rules of Court may make provision for a person who: (a) is a party to a de facto relationship that has broken down; and (b) is a party to a proceeding for an application…
Section 90YQ — Some splittable payments payable if payment flag operating
(1) This section applies if: (a) a superannuation interest (original interest) a person has in an eligible superannuation plan (old ESP) is identified in a superannuation agreement; and (b) a payment…
Section 90YZQ — Waiver of rights under payment split
(1) If the non-member spouse serves a waiver notice on the trustee in respect of a payment split, then the following provisions apply for each splittable payment that becomes payable after the date…
Section 90SR — Notifying non-bankrupt de facto party about application under section 139A of the Bankruptcy Act 1966
The applicable Rules of Court may make provision for a person who: (a) is the bankruptcy trustee of a bankrupt party to a de facto relationship; and (b) applies under section 139A of the Bankruptcy…
Section 90XR — Enforcement by court order
(1) A court may make such orders as it thinks necessary for the enforcement of a payment split or payment flag under this Division. (2) The question whether a superannuation agreement or flag lifting…
Section 90YR — Payment flag may be terminated by court
If the Family Court of Western Australia, or the Magistrates Court of Western Australia, makes an order under the Family Court Act 1997 (WA) setting aside a Western Australian financial agreement in…
Section 90YZR — Trustee to provide information
(1) An eligible person may make an application to the trustee of an eligible superannuation plan for information about a superannuation interest of a member of the plan. (2) The application must be…
Section 90SS — General powers of court
General powers (1) The court, in exercising its powers under this Division, may do any or all of the following: (a) order payment of a lump sum, whether in one amount or by instalments; (b) order…
Section 90XS — Order under section 79 or 90SM may include orders in relation to superannuation interests
(1) In proceedings under section 79 or 90SM with respect to the property of spouses, the court may, in accordance with this Division, also make orders in relation to superannuation interests of the…
Section 90YS — Flag lifting agreement etc.
(1) At any time when a payment flag is operating on a superannuation interest, the parties to the de facto relationship may make an agreement (a flag lifting agreement) that either: (a) provides that…
Section 90YZS — Death of non-member spouse
If the non-member spouse dies after the operative time for a payment split: (a) the payment split nevertheless continues to operate; and (b) the payment split then operates in favour of the legal…
Section 90ST — Duty of court to end financial relations
In proceedings under this Division, other than proceedings under section 90SL, the court must, as far as practicable, make such orders as will finally determine the financial relationships between…
Section 90XT — Splitting order
(1) A court, in accordance with section 90XS, may make the following orders in relation to a superannuation interest (other than an unsplittable interest): (a) if the interest is not a…
Section 90YT — Limitation on section 90YX order
(1) A court cannot make an order under section 90YX with respect to a superannuation interest if: (a) the superannuation interest is covered by a superannuation agreement that is in force; or (b) the…
Section 90YZT — Orders binding on trustee
(1) An order under this Part in relation to a superannuation interest may be expressed to bind the person who is the trustee of the eligible superannuation plan at the time when the order takes…
Section 90XU — Flagging order
(1) A court, in accordance with section 90XS, may make an order in relation to a superannuation interest (other than an unflaggable interest): (a) directing the trustee not to make any splittable…
Section 90YU — Separation declaration
(1) A separation declaration is a written declaration that complies with this section, and may be included in the superannuation agreement to which it relates. (2) The declaration must be signed by…
Section 90YZU — Protection for trustee
The trustee of an eligible superannuation plan is not liable for loss or damage suffered by any person because of things done (or not done) by the trustee in good faith in reliance on: (a) any…
Section 90XV — Court may cancel payment split
(1) A court may, under section 79 or 90SM, make an order terminating the operation of a payment split if: (a) the superannuation agreement in respect of the payment split has ceased to be in force;…
Section 90YZV — Service of documents on trustee
(1) If a document is required or permitted to be served for the purposes of this Part on the trustee of an eligible superannuation plan, the document may be served in any of the ways in which a…
Section 90XW — Deductions from splittable payment before calculating payment split
Any deduction that the trustee is entitled to make from a splittable payment is to be deducted from the splittable payment before calculating any payment split and before applying section 90XX.
Section 90YW — Enforcement by court order
(1) The Family Court of Western Australia or the Magistrates Court of Western Australia may make such orders as it thinks necessary for the enforcement of a payment split or payment flag under this…
Section 90YZW — False declarations
(1) A person commits an offence if: (a) the person makes a statement in a declaration, knowing that the statement is false or misleading; and (b) the declaration is served on the trustee of an…
Section 90XX — Multiple payment splits applying to the same splittable payment
(1) This section applies if 2 or more payment splits apply to the same splittable payment. (2) The payments splits are to be calculated in order of their operative times, starting with the earliest…
Section 90YX — Orders in relation to superannuation interests
(1) In proceedings between the parties to a de facto relationship with respect to a superannuation interest of either or both of the parties, the Family Court of Western Australia or the Magistrates…
Section 90YZX — Terminating employment because of payment flag etc.
A person must not terminate the employment of an employee on either of the following grounds: (a) a payment flag is operating in respect of a superannuation interest of the employee; (b) a…
Section 90XY — Fees payable to trustee
(1) The regulations may: (a) allow trustees to charge reasonable fees: (i) in respect of a payment split; or (ii) otherwise in respect of the operation of this Part in relation to a superannuation…
Section 90YY — Splitting order
(1) The Family Court of Western Australia or the Magistrates Court of Western Australia may, under section 90YX, make the following orders in relation to a superannuation interest (other than an…
Section 90YZY — Requests for Commissioner of Taxation to provide superannuation information
Application for superannuation information (1) A person who is a party to either of the following proceedings in the Family Court of Western Australia, in relation to the person’s de facto…
Section 90XZ — Superannuation preservation requirements
(1) If the eligible superannuation plan for a payment split is a regulated superannuation fund or approved deposit fund, then the entitlement of the non-member spouse is subject to any regulations…
Section 90YZ — Flagging order
(1) The Family Court of Western Australia or the Magistrates Court of Western Australia may, under section 90YX, make an order in relation to a superannuation interest (other than an unflaggable…
Section 91 — Intervention by Attorney-General
(1) The Attorney-General may intervene in, and contest or argue any question arising in: (a) any proceedings under this Act where the court requests the Attorney-General to do so or a matter arises…
Section 91A — Delegation by Attorney-General
(1) Where, in a State, there is a Family Court of the State, the Attorney-General may, either generally or as otherwise provided by the instrument of delegation, by writing, delegate all or any of…
Section 91B — Intervention by child welfare officer
(1) In any proceedings under this Act that affect, or may affect, the welfare of a child, the court may request the intervention in the proceedings of an officer of a State, of a Territory or of the…
Section 92 — Intervention by other persons
(1) In proceedings (other than divorce or validity of marriage proceedings), any person may apply for leave to intervene in the proceedings, and the court may make an order entitling that person to…
Section 92A — Intervention in child abuse cases
(1) This section applies to proceedings under this Act in which it has been alleged that a child has been abused or is at risk of being abused. (2) Each of the following persons is entitled to…