Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 90VC

Lifting a stay

             (1)  A court that stayed the de facto property settlement or maintenance proceedings under section 90VB must wholly or partially lift the stay if:

                     (a)  either party to the proceedings makes an application for the stay to be lifted and the proceeds of crime authority consents to such an application; or

                     (b)  the proceeds of crime authority makes an application for the stay to be lifted.

             (2)  A court that stayed the de facto property settlement or maintenance proceedings under section 90VB may, on its own motion, wholly or partially lift the stay if the proceeds of crime authority consents to such a motion.

             (3)  Giving the Registry Manager written notice of the proceeds of crime authority's consent under this section is taken to be the giving of that consent, unless the court requires the authority to appear in the proceedings. The notice may be given by the authority or by a party to the proceedings.



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