Commonwealth Consolidated Regulations

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Notice to superannuation trustee

             (1)  This rule applies in a property case if a party intends to apply for a consent order which is expressed to bind the trustee of an eligible superannuation plan.

             (2)  The party must, not less than 28 days before lodging the draft consent order or filing the Application for Consent Orders, notify the trustee of the eligible superannuation plan in writing of the following:

                     (a)  the terms of the order that will be sought to bind the trustee;

                     (b)  the next court event (if any);

                     (c)  that the parties intend to apply for the order sought if no objection to the order is received from the trustee within the time mentioned in subrule (3);

                     (d)  that if the trustee objects to the order sought, the trustee must give the parties written notice of the objection within the time mentioned in subrule (3).

             (3)  If the trustee does not object to the order sought within 28 days after receiving notice under subrule (2), the party may file the application or lodge the draft consent order.

             (4)  Despite subrule (3), if, after service of notice under subrule (2) on the trustee, the trustee consents, in writing, to the order being made, the parties may file the Application for Consent Orders or lodge the draft consent order.

Note:          Eligible superannuation plan is defined in section 90MD of the Act.

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