Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:5_79d
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 5 cl 79D
Character Range: 113934–114760

79D  Lifting a stay

 (1) A court that stayed the property settlement or spousal maintenance proceedings under section 79C must wholly or partially lift the stay if:
 (a) either party to the proceedings makes an application for the stay to be lifted and the DPP consents to such an application; or
 (b) the DPP makes an application for the stay to be lifted.

 (2) A court that stayed the property settlement or spousal maintenance proceedings under section 79C may, on its own motion, wholly or partially lift the stay if the DPP consents to such a motion.

 (3) Giving the Registry Manager written notice of the DPP's consent under this section is taken to be the giving of that consent, unless the court requires the DPP to appear in the proceedings. The notice may be given by the DPP or by a party to the proceedings.