Family Law Amendment Bill 2024 Bill Family Law Act EARG

Amend section 79(13) of the Family Law Act to insert the words (in italics and underlined): “unless the court is satisfied that the bankruptcy was brought about by family violence or there are exceptional circumstances.” 2. [...] Amend section 90SE(7) of the Family Law Act to insert the words (in italics and underlined): “unless the court is satisfied that the personal insolvency agreement was brought about by family violence or there are exceptional circumstances.” 2 Response to the Bill The Bill is an important step in ensuring better financial outcomes for victim survivors of economic abuse. [...] Section 79 – Alteration of property interests Currently, subsections 79(12) and (13) of the Family Law Act provide that in property settlement proceedings: (12) If a bankruptcy trustee is a party to property settlement proceedings, then, except with the leave of the court, the bankrupt party to the marriage is not entitled to make a submission to the court in connection with any vested bankruptcy. [...] Amend section 90SE(7) of the Family Law Act to insert the words (in italics and underlined): “unless the court is satisfied that the personal insolvency agreement was brought about by family violence or there are exceptional circumstances.” Conclusion We are supportive of the proposed amendments to the Family Law Act. [...] We welcome the inclusion of the examples of economic and financial abuse in the proposed section 4AB(2A) and strongly support the consideration of economic and financial abuse in the determination of any financial matter within the court's jurisdiction.