Document ID: chunk:federal_register_of_legislation:C2004A00736:clause:3_38a
Version: federal_register_of_legislation:C2004A00736
Segment Type: clause
Provision Reference: sch 3 cl 38A
Character Range: 82355–83520

38A  After subsection 44(3A)
Insert:

 (3B) Despite subsection (3), if, whether before or after the commencement of Schedule 2 to the Family Law Amendment Act 2000:
 (a) a decree nisi of dissolution of marriage has become absolute or a decree of nullity of marriage has been made; and
 (b) a financial agreement between the parties to the marriage has been set aside under section 90K or found to be invalid under section 90KA;
proceedings of a kind referred to in paragraph (c) or (ca) of the definition of matrimonial cause in subsection 4(1) (not being proceedings under section 78 or 79A or proceedings seeking the discharge, suspension, revival or variation of an order previously made in proceedings with respect to the maintenance of a party) may be instituted:
 (c) within the period of 12 months after the later of:
 (i) the date on which the decree nisi became absolute or the date of the making of the decree of nullity, as the case may be; or
 (ii) the date on which the financial agreement was set aside, or found to be invalid, as the case may be; or
 (d) with the leave of the court in which the proceedings are to be instituted;
and not otherwise.