Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 90MZD

Orders binding on trustee

             (1)  An order under this Part in relation to a superannuation interest may be expressed to bind the person who is the trustee of the eligible superannuation plan at the time when the order takes effect. However:

                     (a)  in the case of a trustee who is not a secondary government trustee--the court cannot make such an order unless the trustee has been accorded procedural fairness in relation to the making of the order; and

                     (b)  in the case of a secondary government trustee:

                              (i)  the court cannot make such an order unless another trustee of the eligible superannuation plan has been accorded procedural fairness in relation to the making of the order; and

                             (ii)  the court may, if it thinks fit, require that the secondary government trustee also be accorded procedural fairness.

             (2)  If an order is binding on the person who is the trustee of an eligible superannuation plan at the time when the order takes effect, then the order is also binding (by force of this subsection) on:

                     (a)  any person who subsequently becomes the trustee of that eligible superannuation plan; or

                     (b)  in a case where section 90MUA applies--a person who is the trustee, or any person who subsequently becomes the trustee, of the new ESP.



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