Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 14.06

Notice to superannuation trustee

             (1)  This rule applies in a property case if:

                     (a)  a party seeks an order to bind the trustee of an eligible superannuation plan; and

                     (b)  the case has been listed for the first day before the Judge.

             (2)  The party must, not less than 28 days before the first day before the Judge, notify the trustee of the eligible superannuation plan in writing of the terms of the order that will be sought at the trial to bind the trustee, and the date of the trial.

             (3)  If the court makes an order binding the trustee of an eligible superannuation plan, the party that sought the order must serve a copy of the order on the trustee of the eligible superannuation plan in which the interest is held.

Note 1:       Subrule 7.13(2) sets out how to prove service of a copy of an order.

Note 2:       E ligible superannuation plan is defined in section 90MD of the Act.



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