Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations (1) If the Director of
Public Prosecutions applies under section 79C, 90N or 90VB of the Act to
stay a property settlement or spousal maintenance case, or a de facto property
settlement or maintenance proceedings, the Director must, at the same time,
file a sealed copy of the proceeds of crime order or forfeiture application
covering the property of the parties to the marriage or either of them, if not
already filed.
(2) An application
under section 79D, 90P or 90VC of the Act to lift a stay of a property
settlement or spousal maintenance case, or a de facto property settlement
or maintenance proceedings, must have filed with it:
(a) proof that the
proceeds of crime order has ceased to be in force or that the forfeiture
application has been finally determined; and
(b) if made by a
party, the written consent of the Director of Public Prosecutions under
section 79D, 90P or 90VC of the Act.
Note A party seeking a stay of a case or an order lifting a
stay under this rule must file an Application in a Case (see Chapter 5).
Summary of Chapter 3
Chapter 3 sets out the procedure for obtaining a divorce. You may also need to
refer to other Chapters in these Rules, particularly Chapters 7 and 24, when
applying for a divorce.
"The rules in Chapter 1 relating to the court’s general powers apply in
all cases and override all other provisions in these Rules.
"A word or expression used in this Chapter may be defined in the dictionary at
the end of these Rules.