Document ID: chunk:federal_register_of_legislation:C2005A00020:clause:1_47:p1
Version: federal_register_of_legislation:C2005A00020
Segment Type: clause
Provision Reference: sch 1 cl 47 (pt 1/2)
Character Range: 18300–20894

47  At the end of section 79
Add:

 (11) If:
 (a) an application is made for an order under this section in proceedings between the parties to a marriage with respect to the property of the parties to the marriage or either of them; and
 (b) either of the following subparagraphs apply to a party to the marriage:
 (i) when the application was made, the party was a bankrupt;
 (ii) after the application was made but before it is finally determined, the party became a bankrupt; and
 (c) the bankruptcy trustee applies to the court to be joined as a party to the proceedings; and
 (d) the court is satisfied that the interests of the bankrupt's creditors may be affected by the making of an order under this section in the proceedings;
the court must join the bankruptcy trustee as a party to the proceedings.

 (12) If a bankruptcy trustee is a party to property settlement proceedings, then, except with the leave of the court, the bankrupt party to the marriage is not entitled to make a submission to the court in connection with any vested bankruptcy property in relation to the bankrupt party.

 (13) The court must not grant leave under subsection (12) unless the court is satisfied that there are exceptional circumstances.

 (14) If:
 (a) an application is made for an order under this section in proceedings between the parties to a marriage with respect to the property of the parties to the marriage or either of them; and
 (b) either of the following subparagraphs apply to a party to the marriage (the debtor party):
 (i) when the application was made, the party was a debtor subject to a personal insolvency agreement; or
 (ii) after the application was made but before it is finally determined, the party becomes a debtor subject to a personal insolvency agreement; and
 (c) the trustee of the agreement applies to the court to be joined as a party to the proceedings; and
 (d) the court is satisfied that the interests of the debtor party's creditors may be affected by the making of an order under this section in the proceedings;
the court must join the trustee of the agreement as a party to the proceedings.

 (15) If the trustee of a personal insolvency agreement is a party to property settlement proceedings, then, except with the leave of the court, the party to the marriage who is the debtor subject to the agreement is not entitled to make a submission to the court in connection with any property subject to the agreement.

 (16) The court must not grant leave under subsection (15) unless the court is satisfied that there are exceptional circumstances.

 (17) For