Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW RULES 20042003 No. 375 - RULE 14.06

Service of application or order for superannuation interest

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

(a)
a party:

(i)
seeks a flagging order or a splitting order in relation to a superannuation interest under Part VIIIB of the Act; or
(ii)
applies under section 79A of the Act for an order to set aside an earlier order made in relation to a superannuation interest; and
(b)
the case has been listed for a trial.

(2)
The party must, not less than 28 days before the date fixed for the trial, provide to the trustee of the eligible superannuation plan in which the interest is held, a written notice of the orders that will be sought at the trial in relation to the superannuation interest.

(3)
If the court makes an order splitting, flagging or otherwise affecting a superannuation interest, the party must serve a copy of the order on the trustee of the eligible superannuation plan in which the interest is held.

Note
The following terms are defined in section 90MD of the Act:

* eligible superannuation plan
* flagging order
* splitting order
* superannuation interest.

Summary of Chapter 15
Chapter 15 sets out rules about evidence generally and in relation to children, affidavits, subpoenas, assessors and expert witnesses. Evidence adduced at a hearing or trial must be admissible in accordance with the provisions of the Act, the Evidence Act 1995 and these Rules. Note, though, that, subject to sections 4 and 5 of the Evidence Act 1995 , that Act does not apply to the Family Court of Western Australia or any other court of a State.
A person may be prosecuted for knowingly making a false statement in evidence (see section 35 of the Crimes Act 1914 ).
Note
In certain circumstances, the court may dispense with requirements for compliance with the rules of evidence (see section 190 of the Evidence Act 1995 ).
The rules in Chapter 1 relating to the court's general powers apply in all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback