Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p32
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 32/100)
Character Range: 195077–197695

the appointor or trustee; or
 (ii) of which the party, the party's child, spouse or de facto spouse is an eligible beneficiary as to capital or income; or
 (iii) of which a corporation is an eligible beneficiary as to capital or income if the party, or the party's child, spouse or de facto spouse is a shareholder or director of the corporation; or
 (iv) over which the party has any direct or indirect power or control; or
 (v) of which the party has the direct or indirect power to remove or appoint a trustee; or
 (vi) of which the party has the power (whether subject to the concurrence of another person or not) to amend the terms; or
 (vii) of which the party has the power to disapprove a proposed amendment of the terms or the appointment or removal of a trustee; or
 (viii) over which a corporation has a power referred to in any of subparagraphs (iv) to (vii), if the party, the party's child, spouse or de facto spouse is a director or shareholder of the corporation;
 (g) any disposal of property (whether by sale, transfer, assignment or gift) made by the party, a legal entity referred to in paragraph (c), a corporation or a trust referred to in paragraph (f) that may affect, defeat or deplete a claim:
 (i) in the 12 months immediately before the separation of the parties; or
 (ii) since the final separation of the parties;
 (h) liabilities and contingent liabilities.
 (4) Paragraph (3)(g) does not apply to a disposal of property made:
 (a) with the consent or knowledge of the other party; or
 (b) in the ordinary course of business.
 (5) A party starting, or filing a response or reply to, a financial proceeding (other than by an Application for Consent Orders) must file, at the same time:
 (a) a Financial Statement; and
 (b) unless the party is required by these Rules to file an affidavit—a financial questionnaire in accordance with the approved form.
 (6) If a party is aware that the completion of a Financial Statement will not fully discharge the duty to make full and frank disclosure, the party must also file an affidavit giving further particulars.
 (7) If a party's financial circumstances have changed significantly from the information set out in the Financial Statement or an affidavit filed under subrule (6), the party must, within 21 days after the change of circumstances, file:
 (a) a new Financial Statement; or
 (b) if the changes can be set out clearly in 300 words or less—an affidavit containing details about the party's changed financial circumstances.
 (8) Without limiting subrule (1), unless the court otherwise orders, a party (the first party) who is required