Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 2.07

Proceeds of crime
(1)
If the Director of Public Prosecutions applies under section 79C or 90N of the Act to stay a property settlement or spousal maintenance case, the Director must, at the same time, file a sealed copy of the proceeds of crime order or forfeiture application covering the property of the parties to the marriage or either of them, if not already filed.

(2) An application under section 79D or 90P of the Act to lift a stay of a property settlement or spousal maintenance case must have filed with it:

(a)
proof that the proceeds of crime order has ceased to be in force or that the forfeiture application has been finally determined; and

(b)
if made by a party, the written consent of the Director of Public Prosecutions under section 79D or 90P of the Act.

Note
A party seeking a stay of a case or an order lifting a stay under this rule must file an Application in a Case (Form 2) (see Chapter 5).


Summary of Chapter 3
Chapter 3 sets out the procedure for obtaining a divorce. You may also need to refer to other Chapters in these Rules, particularly Chapters 7 and 24, when applying for a divorce.
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.



Irretrievable breakdown of marriage (Act s 48)

File Application for Divorce (Form 3) (r 2.01)

Application by both parties

Application by 1 party

28 days

Service on other party (r 7.04)

Response (if any) (r 3.04)

Hearing (Parts 3.3 and 3.4)

Divorce order (Act s 54)

1 month

Certificate of divorce issued by court (Act s 55)



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