Document ID: chunk:federal_register_of_legislation:C2024C00859:section:79:p5
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 79 (pt 5/7)
Character Range: 497969–500501

a Senior Registrar or Registrar of the Court; or
 (ii) in the case of the Family Court of that State—with a Senior Registrar or Registrar of that Family Court; 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 marriage (the subject marriage):
 (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;
 (aa) a person:
 (i) who is a party to a de facto relationship with a party to the subject marriage; 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 de facto relationship;
 (ab) a person who is a party to a Part VIIIAB financial agreement (that is binding on the person) with a party to the subject marriage;
 (b) any other person whose interests would be affected by the making of the order.
 (10A) Subsection (10) does not apply to a creditor of a party to the proceedings:
 (a) if the party is a bankrupt—to the extent to which the debt is a provable debt (within the meaning of the Bankruptcy Act 1966); or
 (b) if the party is a debtor subject to a personal insolvency agreement—to the extent to which the debt is covered by the personal insolvency agreement.
 (10B) If a person becomes a party to proceedings under this section because of paragraph (10)(aa), the person may, in the proceedings, apply for:
 (a) an order under section 90SM; or
 (b) a declaration under section 90SL;
in relation to the de facto relationship described in that paragraph.
 (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