Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_90sm:p6
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 90SM (pt 6/7)
Character Range: 650315–652725

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.
 (15) If a bankruptcy trustee is a party to property settlement proceedings in relation to the parties to a de facto relationship, then, except with the leave of the court, the bankrupt party to the de facto relationship is not entitled to make a submission to the court in connection with any vested bankruptcy property in relation to the bankrupt party.
 (16) The court must not grant leave under subsection (15) unless the court is satisfied that there are exceptional circumstances.
 (17) If:
 (a) an application is made for an order under this section in proceedings between the parties to a de facto relationship with respect to the property of the parties to the de facto relationship or either of them; and
 (b) either of the following subparagraphs apply to a party to the de facto relationship (the debtor party):
 (i) when the application was made, the party was a debtor subject to a personal insolvency agreement;
 (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.
 (18) If the trustee of a personal insolvency agreement is a party to property settlement proceedings in relation to the parties to a de facto relationship, then, except with the leave of the court, the party to the de facto relationship 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.
 (19) The court must not grant leave under subsection (18) unless the court is satisfied that there are exceptional circumstances.
 (20) For the purposes of subsections (14) and (17), an application for an order under this section is taken to be finally determined when:
 (a) the application is withdrawn or dismissed; or
 (b) an order (other than an interim order) is made as a result of the application.