Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:1_90sq:p1
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 1 cl 90SQ (pt 1/2)
Character Range: 89201–91849

90SQ  Notifying court about bankruptcy etc.

Bankruptcy

 (1) The applicable Rules of Court may make provision for a person who:
 (a) is a party to a de facto relationship that has broken down; and
 (b) is a party to a proceeding for an application under section 90SE, 90SL, 90SM or 90SN; and
 (c) before that application is finally determined, becomes a bankrupt;
to notify a court exercising jurisdiction under this Act that the person has become a bankrupt.

Debtor subject to a personal insolvency agreement

 (2) The applicable Rules of Court may make provision for a person who:
 (a) is a party to a de facto relationship that has broken down; and
 (b) is a party to a proceeding for an application under section 90SE, 90SL, 90SM or 90SN; and
 (c) before that application is finally determined, becomes a debtor subject to a personal insolvency agreement;
to notify a court exercising jurisdiction under this Act that the person has become a debtor subject to a personal insolvency agreement.

Institution of proceeding under the Bankruptcy Act 1966

 (3) The applicable Rules of Court may make provision for a person who:
 (a) is a party to a de facto relationship that has broken down; and
 (b) is a party to a proceeding for an application under section 90SE, 90SL, 90SM or 90SN; and
 (c) before that application is finally determined, becomes a party to a proceeding before the Federal Court or the Federal Magistrates Court under the Bankruptcy Act 1966 that relates to:
 (i) the bankruptcy of the person; or
 (ii) the person's capacity as a debtor subject to a personal insolvency agreement;
to notify a court exercising jurisdiction under this Act of the institution of the proceeding under the Bankruptcy Act 1966.

 (4) The applicable Rules of Court may make provision for a person who:
 (a) is the bankruptcy trustee of a bankrupt party to a de facto relationship; and
 (b) the de facto relationship has broken down; and
 (c) applies under section 139A of the Bankruptcy Act 1966 for an order under Division 4A of Part VI of that Act;
to notify a court exercising jurisdiction under this Act of the making of the application.

When application finally determined

 (5) For the purposes of this section, an application for an order under section 90SE, 90SM or 90SN is taken to be finally determined when:
 (a) the application is withdrawn or dismissed; or
 (b) an order (other than an interim order) is made as a result of the application.

 (6) For the purposes of this section, an application for a declaration under section 90SL is taken to be finally determined when:
 (a) the application is withdrawn or dismissed; or
 (b) a