List of Recommendations

Recommendation 1

2.37
The committee recommends that the bill be amended so that it is not the date upon which an application is filed which determines if superannuation of de facto couples can be split, but instead the date upon which the relevant final order is made.

Recommendation 2

2.38
The committee recommends that the bill be amended to expressly provide that the provisions do not apply to separating de facto couples who have already made a binding financial agreement pursuant to Division 3 of Part 5A of the Family Court Act 1997 (WA), and where that agreement has not otherwise been set aside.

Recommendation 3

2.39
The committee recommends that, subject to the preceding recommendations, the Senate pass the bill.

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About this inquiry

The Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Bill 2019 would bring Western Australia into line with the federal approach to splitting superannuation for de facto couples, and extend federal bankruptcy jurisdiction to the Family Court of Western Australia.