Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This rule applies to applications for financial orders other than those to which rule 1.13 applies.
(2) A person who applies for an order under Part VIII of the Family Law Act must serve a written notice on each person referred to in subsection 79(10) of that Act of whom the person applying for the order is aware .
(3) A person who applies for an order under Part VIIIAB of the Family Law Act must serve a written notice on each person referred to in subsection 90SM(10) of that Act of whom the person applying for the order is aware.
(4) A notice under subrule (2) or (3) must:
(a) state that the person to whom the notice is addressed may be entitled to become a party to the proceedings under subsection 79(10) or 90SM(1) of the Family Law Act (as applicable); and
(b) include a copy of the application for the order sought; and
(c) state the date of the next relevant court event.
(5) If, in an application for final orders or a response or reply to such an application, a person seeks a flagging order or splitting order in relation to a superannuation interest under Part VIIIB of the Family Law Act, or applies under section 79A or 90SN of that Act for an order to set aside an earlier order made in relation to a superannuation interest:
(a) the person must, immediately after filing the application, response or reply, serve a sealed copy of that document on the trustee of the eligible superannuation plan in which the interest is held; and
(b) if the court makes a flagging order or splitting order or any other order in relation to the superannuation interest--the party in favour of whom the order is made must serve a copy of it on the trustee of the eligible superannuation plan in which the interest is held.
(6) If, in a property proceeding, a party seeks an order to bind the trustee of an eligible superannuation plan and the proceeding has been listed for trial:
(a) the party must, not less than 28 days before the first day of the trial, notify the trustee of the eligible superannuation plan in writing of:
(i) the terms of the order that will be sought at the trial to bind the trustee; and
(ii) the date of the trial; and
(b) if the court makes an order binding the trustee of an eligible superannuation plan--the party in favour of whom the order is made must serve a copy of the order on the trustee of the eligible superannuation plan in which the interest is held.