Barrister AI
All legislation
COMMONWEALTHAct
In force
Official sourceSave
This is the latest official compilation.Check the official source →
Ask a question about this ActPro
s 90XM

Payment flag may be terminated by court

In force
Volume 2s 90AA-Endnotes
Part VIIIBSuperannuation interests
Division 2Payment splitting or flagging by agreement
Subdivision CPayment flagging

90XM Payment flag may be terminated by court

(1)

If a court makes an order under section 90K setting aside a financial agreement in respect of which a payment flag is operating, the court may also make an order terminating the operation of the flag.

Note:

Under section 90XH, a superannuation agreement must be part of a financial agreement. Therefore, setting aside the financial agreement also has the effect of setting aside the superannuation agreement.

(2)

If a court makes an order under section 90UM setting aside a Part VIIIAB financial agreement in respect of which a payment flag is operating, the court may also make an order terminating the operation of the flag.

Note:

Under section 90XHA, a superannuation agreement relating to a de facto relationship must be part of a Part VIIIAB financial agreement. Therefore, setting aside the financial agreement also has the effect of setting aside the superannuation agreement.

Research tools for this sectionPro
Cited byAnalyseInterrogateHistoryEquivalents

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.