Document ID: chunk:federal_register_of_legislation:C2024C00859:section:79:p4
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 79 (pt 4/7)
Character Range: 495636–498186

significant change in the financial circumstances of either or both of the parties to the marriage, have regard to any change in the financial circumstances of a party to the marriage that may occur by reason that the party to the marriage:
 (a) is a contributor to a superannuation fund or scheme, or participates in any scheme or arrangement that is in the nature of a superannuation scheme; or
 (b) may become entitled to property as the result of the exercise in his or her favour, by the trustee of a discretionary trust, of a power to distribute trust property;
but nothing in this subsection shall be taken to limit the circumstances in which the court may form the opinion that there is likely to be a significant change in the financial circumstances of a party to the marriage.
 (8) Where, before property settlement proceedings are completed, a party to the marriage dies:
 (a) the proceedings may be continued by or against, as the case may be, the legal personal representative of the deceased party and the applicable Rules of Court may make provision in relation to the substitution of the legal personal representative as a party to the proceedings;
 (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 marriage or either of them; or
 (iv) any of the vested bankruptcy property in relation to a bankrupt party to the marriage; 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), or a Family Court of a State, shall 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:
 (i) in the case of the Federal Circuit and Family Court of Australia (Division 1)—with the Chief Executive Officer, or 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