Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:5_90p
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 5 cl 90P
Character Range: 117927–118753

90P  Lifting a stay

 (1) A court that stayed the property settlement or spousal maintenance proceedings under section 90N must wholly or partially lift the stay if:
 (a) either party to the proceedings makes an application for the stay to be lifted and the DPP consents to such an application; or
 (b) the DPP makes an application for the stay to be lifted.

 (2) A court that stayed the property settlement or spousal maintenance proceedings under section 90N may, on its own motion, wholly or partially lift the stay if the DPP consents to such a motion.

 (3) Giving the Registry Manager written notice of the DPP's consent under this section is taken to be the giving of that consent, unless the court requires the DPP to appear in the proceedings. The notice may be given by the DPP or by a party to the proceedings.