Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 24.02

Financial statement

             (1)  An applicant, or a respondent who files a response, must file and serve with the application or response:

                     (a)  a financial statement in accordance with the approved form; or

                     (b)  an affidavit of financial circumstances.

             (2)  If an applicant, or a respondent who files a response, is seeking an order for property settlement and has a superannuation interest, he or she must attach to the financial statement or affidavit a completed superannuation information form in relation to the interest.

             (3)  However, an applicant or respondent need not comply with subrule (2) if, when the statement or affidavit is filed:

                     (a)  the person has, in accordance with section 90MZB of the Family Law Act, made an application to the trustee of the eligible superannuation plan in which the superannuation interest is held for information about the interest; and

                     (b)  the trustee has not provided the information.

             (4)  An applicant or respondent to whom subrule (3) applies must file and serve a completed superannuation information form within 7 days after receiving the information from the trustee.



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