Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p14
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 14/100)
Character Range: 151483–154189

an affidavit of consent in relation to the person.

3.17  Notice of becoming litigation guardian
  A person appointed as the litigation guardian of a party to a proceeding must, as soon as practicable after the appointment, give notice of the appointment to each other party and any independent children's lawyer in the proceeding.

3.18  Costs and expenses of litigation guardian
  The court may make orders for the payment of the costs and expenses of a litigation guardian (including the costs of an application for the appointment of the litigation guardian):
 (a) by a party; or
 (b) from the income or assets of the person for whom the litigation guardian is appointed.

Part 3.6—Death or bankruptcy of a party

Division 3.6.1—Death of party

3.19  Death of party
 (1) This rule applies to a property proceeding or an application for the enforcement of a financial obligation.
 (2) If a party dies, the other party or the legal personal representative of the deceased person must ask the court for procedural orders in relation to the future conduct of the proceeding.
 (3) The court may order that the legal personal representative of the deceased person be substituted for the deceased person as a party.
Note 1: The court may make other procedural orders, including that a person has permission to intervene in the proceeding (see rules 1.31 and 3.04).
Note 2: For the effect of the death of a party in certain proceedings, see subsections 79(1A), 79(8), 79A(1C), 90SM(2), 90SM(8), 90SN(5), 90UM(8) and 105(3) of the Family Law Act.

Division 3.6.2—Bankruptcy or insolvency of party

3.20  Definitions for Division 3.6.2
  In this Division:
bankruptcy proceedings means proceedings under the Bankruptcy Act, in the Federal Court or the Federal Circuit and Family Court (Division 2), in relation to:
 (a) the bankruptcy of a relevant party; or
 (b) a relevant party's capacity as a debtor subject to a personal insolvency agreement.
relevant party means a person who is:
 (a) a party to a marriage or de facto relationship; or
 (b) a party to a relevant proceeding in relation to that marriage or de facto relationship.
relevant proceeding means any of the following:
 (a) a pending proceeding under section 66G, 66S, 74, 78, 79, 79A, 83, 90SE, 90SL, 90SM or 90SN of the Family Law Act;
 (b) a pending proceeding under Division 4 or 5 of Part 7 of the Assessment Act;
 (c) a pending proceeding for enforcement of an order made under a provision referred to in paragraph (a) or (b).
Note: The following terms are defined in the Family Law Act:
(a) bankruptcy trustee (see subsection 4(1));
(b) debtor subject to a personal insolvency agreement (see section 5);
(c) trustee, in relation to a personal