Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_90sm:p4
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 90SM (pt 4/7)
Character Range: 645689–648208

of Court may make provision in relation to the substitution of the legal personal representative as a party to the proceedings; and
 (b) if the court is of the opinion:
 (i) that it would have made an order with respect to property if the deceased party had not died; and
 (ii) that it is still appropriate to make an order with respect to property;
  the court may make such order as it considers appropriate with respect to:
 (iii) any of the property of the parties to the de facto relationship or either of them; or
 (iv) any of the vested bankruptcy property in relation to a bankrupt de facto party to the de facto relationship; and
 (c) an order made by the court pursuant to paragraph (b) may be enforced on behalf of, or against, as the case may be, the estate of the deceased party.
 (9) The Federal Circuit and Family Court of Australia (Division 1) must not make an order under this section in property settlement proceedings (other than an order until further order or an order made with the consent of all the parties to the proceedings) unless:
 (a) the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate with the Chief Executive Officer, or a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); or
 (b) the court is satisfied that, having regard to the need to make an order urgently, or to any other special circumstance, it is appropriate to make the order notwithstanding that the parties to the proceedings have not attended a conference as mentioned in paragraph (a); or
 (c) the court is satisfied that it is not practicable to require the parties to the proceedings to attend a conference as mentioned in paragraph (a).
 (10) The following are entitled to become a party to proceedings in which an application is made for an order under this section by a party to a de facto relationship (the subject de facto relationship):
 (a) a creditor of a party to the proceedings if the creditor may not be able to recover his or her debt if the order were made;
 (b) a person:
 (i) who is a party to a de facto relationship (the other de facto relationship) with a party to the subject de facto relationship; and
 (ii) who could apply, or has an application pending, for an order under section 90SM, or a declaration under section 90SL, in relation to the other de facto relationship;
 (c) a person who is a party to a Part VIIIAB financial agreement (that is binding on the person) with a party to