Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 35

  (1)   If, at a particular time:

  (a)   a party to a marriage is a bankrupt; and

  (b)   the trustee of the bankrupt's estate is:

  (i)   a party to property settlement proceedings in relation to either or both of the parties to the marriage; or

  (ii)   an applicant under section   79A of the Family Law Act 1975 for the variation or setting aside of an order made under section   79 of that Act in property settlement proceedings in relation to either or both of the parties to the marriage; or

  (iia)   an applicant for an order under subsection   90K(1) or (3) of the Family Law Act 1975 in relation to the setting aside of a financial agreement of the parties to the marriage; or

  (iii)   a party to spousal maintenance proceedings in relation to the maintenance of a party to the marriage;

then, at and after that time, the Federal Circuit and Family Court of Australia (Division   1) has jurisdiction in bankruptcy in relation to any matter connected with, or arising out of, the bankruptcy of the bankrupt.

  (1A)   If, at a particular time:

  (a)   a party to a   de   facto   relationship is a bankrupt; and

  (b)   the trustee of the bankrupt's estate is:

  (i)   a party to property settlement proceedings in relation to either or both of the parties to the   de   facto   relationship; or

  (ii)   an applicant under section   90SN of the Family Law Act 1975 for the variation or setting aside of an order made under section   90SM of that Act in property settlement proceedings in relation to either or both of the parties to the   de   facto   relationship; or

  (iia)   an applicant for an order under subsection   90UM(1) or (6) of the Family Law Act 1975 in relation to the setting aside of a Part   VIIIAB financial agreement of the parties to the   de   facto   relationship; or

  (iii)   a party to maintenance proceedings under Part   VIIIAB of the Family Law Act 1975 in relation to the maintenance of one of the parties to the   de   facto   relationship;

then, at and after that time, the Federal Circuit and Family Court of Australia (Division   1) has jurisdiction in bankruptcy in relation to any matter connected with, or arising out of, the bankruptcy of the bankrupt.

  (2)   Subsections   (1) and (1A) do not limit the jurisdiction of the Federal Circuit and Family Court of Australia (Division   1) under section   35A.

  (3)   In this section:

"property settlement proceedings" has the same meaning as in the Family Law Act 1975 .

"spousal maintenance proceedings" means proceedings under the Family Law Act 1975 with respect to the maintenance of a party to a marriage.

  (4)   An expression used in subsection   (1A) that is also used in the Family Law Act 1975 has the same meaning in that subsection as it has in that Act.