This article will discuss orders and injunctions that bind a third party under the Family Law Act 1975. Family law matters can often involve complex dynamics, intricate financial arrangements, and intertwined relationships. When it comes to property settlement and legal proceedings, the court’s authority extends beyond the parties directly involved.
In certain circumstances, the court has the power to make orders and grant injunctions that bind third parties. These orders and injunctions ensure a fair and equitable resolution while protecting the rights and interests of all individuals affected. Moreover, understanding such orders and injunctions is essential for:
- Separating or divorcing couples;
- Legal practitioners; and
- Third parties involved in family law proceedings
Read on to learn about provisions about orders and injunctions that bind a third party.
Section 90AE: Court May Make an Order Under Section 79 Binding a Third Party
Section 90AE of orders and injunctions that bind a third party pertains to the court’s authority to make orders. These proceedings are related to the division of property under Section 79 of the Family Law Act in Australia. Here’s an explanation of the section:
(1) In proceedings under Section 79, the court has the power to make the following orders:
- An order directed to a creditor of the parties to the marriage. This order requires the creditor to substitute one party for both parties in relation to a debt owed.
- An order directed to a creditor of one party to the marriage. This order requires the creditor to substitute the other party or both parties to the marriage for that party in relation to a debt owed.
- An order directed to a creditor of the parties to the marriage. This changes the proportion of the debt for which the parties are individually liable.
- An order directed to a company director or company. This compels the registration of a transfer of shares from one party to the other party of the marriage.
(2) In proceedings under Section 79, the court may also make any other order that:
- Directs a third party to take a specific action concerning the property of one of the parties to the marriage.
- Alters the rights, liabilities, or property interests of a third party in relation to the marriage.
Orders and Injunctions That Bind a Third Party: Additional Provisions Under Section 90AE
(3) The court can only make an order under subsection (1) or (2) in case of the following conditions:
- The order is reasonably necessary or appropriate and adapted to effect a division of property between the parties to the marriage.
- If the order relates to a debt of a party to the marriage, it is foreseeable at the time of making the order that the debt will still be paid in full.
- Procedural fairness has been accorded to the third party regarding the making of the order.
- The court believes that, in all circumstances, it is just and equitable to make the order.
- The order takes into account the matters mentioned in subsection (4).
(4) Furthermore, the matters that the court considers in Section 90AE of orders and injunctions that bind a third party include:
- The tax implications of the order on the parties to the marriage.
- The tax implications of the order on the third party.
- The impact of the order on social security entitlements of the parties to the marriage.
- The administrative costs incurred by the third party in relation to the order.
- If the order relates to a debt of a party to the marriage, the ability of that party to repay the debt after the court makes the order.
- The economic, legal, or other capacity of the third party to comply with the order.
- Any additional matters raised by the third party during the procedural fairness process.
- Any other relevant matter considered by the court.
Section 90AF: Court May Make an Order or Injunction Under Section 114 Binding a Third Party
Section 90AF of orders and injunctions that bind a third party pertains to the court’s authority to make orders or grant injunctions. These orders and injunctions bind third parties in proceedings under Section 114 of the Family Law Act. Here’s an explanation of its meaning:
(1) In proceedings under Section 114, the court has the power to:
- Make an order restraining a person from repossessing property belonging to one of the parties to the marriage.
- Grant an injunction restraining a person from initiating legal proceedings against one of the parties to the marriage.
(2) Additionally, in proceedings under Section 114, the court may also make any other order or grant any other injunction that:
- Directs a third party to take a specific action concerning the property of one of the parties to the marriage.
- Alters the rights, liabilities, or property interests of a third party in relation to the marriage.
Orders and Injunctions that Bind a Third Party: Additional Provisions Under Section 90AF
(3) The court can only make an order or grant an injunction under subsection (1) or (2) in case of the following conditions:
- The order or injunction is reasonably necessary or appropriate and adapted to effect a division of property between the parties to the marriage.
- If the order or injunction relates to a debt of a party to the marriage, it is foreseeable at the time of making the order or granting the injunction that the debt will still be paid in full.
- Procedural fairness has been accorded to the third party regarding the making of the order or granting of the injunction.
- For an injunction or order under subsection 114(1), the court is satisfied that, considering all the circumstances, it is appropriate to make the order or grant the injunction.
- For an injunction under subsection 114(3), the court is satisfied that, considering all the circumstances, it is just or convenient to grant the injunction.
- The order or injunction takes into account the matters mentioned in subsection (4).
(4) Moreover, the matters that the court considers in Section 90AF of orders and injunctions that bind a third party include:
- The tax implications of the order or injunction on the parties to the marriage.
- The tax implications of the order or injunction on the third party.
- The impact of the order or injunction on social security entitlements of the parties to the marriage.
- The administrative costs incurred by the third party in relation to the order or injunction.
- If the order or injunction relates to a debt of a party to the marriage, the ability of that party to repay the debt after the order is made or the injunction is granted.
- The economic, legal, or other capacity of the third party to comply with the order or injunction.
- Any additional matters raised by the third party during the procedural fairness process.
- Any other relevant matter considered by the court.
Why You Need a Family Lawyer for Divorce Procedures
JB Solicitors provide guidance tailored to the unique circumstances of each individual. Our family lawyers possess in-depth knowledge of family law legislation, including the Family Law Act.
Our expertise allows us to provide accurate advice and guide clients through the legal complexities involved in property settlement, child custody, divorce, and other family law matters. Furthermore, we also have mediation and arbitration services for disputed couples who want out-of-court arrangements and agreements.
Contact us today for more information about orders and injunctions that bind a third party.