Orders and injunctions binding third parties
90TA Orders and injunctions binding third parties
In addition to the effect Part VIIIAA has apart from this section, that Part also has effect in relation to:
orders and injunctions under Division 2; and
proceedings for orders or injunctions under Division 2;
with the modifications provided for in subsections (2) and (3).
Part VIIIAA has effect in accordance with subsection (1) as if the following substitutions were made:
Substitutions to be made | ||
|---|---|---|
Item | For a reference in Part VIIIAA to ... | substitute a reference to ... |
1 | marriage | de facto relationship |
2 | section 79 | section 90SM |
3 | section 114 | section 90SS |
4 | paragraph (ca) of the definition of matrimonial cause | paragraph (c) of the definition of de facto financial cause |
5 | orders or injunctions under section 114 | orders or injunctions under Division 2 of Part VIIIAB |
6 | proceedings under section 114 | proceedings under Division 2 of Part VIIIAB |
7 | an injunction under subsection 114(3) | an injunction covered by subsection 90SS(5) |
Part VIIIAA has effect in accordance with subsection (1) as if:
subsection 90AD(2) were replaced with the following:
“(2) For the purposes of section 90SS (to the extent that it provides for the granting of an injunction in relation to the property of a party to a de facto relationship), property includes a debt owed by a party to the de facto relationship.”; and
paragraph 90AF(3)(d) were omitted; and
the following paragraph were inserted after paragraph 90AF(3)(e):
“(ea) for any other injunction—the court is satisfied that, in all the circumstances, it is necessary to grant the injunction to do justice; and”; and
the following subsection were added at the end of section 90AF:
“(5) Subsections (1) and (2) do not limit subsection 90SS(1).”.
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