Document ID: chunk:federal_register_of_legislation:C2020A00112:clause:1_90yzd:p7
Version: federal_register_of_legislation:C2020A00112
Segment Type: clause
Provision Reference: sch 1 cl 90YZD (pt 7/8)
Character Range: 60873–63310

by the making of an order under section 90YX 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 proceedings under this Part in relation to a superannuation interest of either or both of 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 section 90YX in proceedings between the parties to a de facto relationship with respect to a superannuation interest of either or both of the parties; 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 proceedings under this Part in relation to a superannuation interest of either or both of 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 superannuation interest 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 section 90YX 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.