(1) This rule applies if:

(a)

a party intends to apply for a consent order in relation to a superannuation interest (the order sought ); and

(b)

the order sought will impose an obligation on the trustee of the eligible superannuation plan in which the interest is held (the trustee ) to take particular action in relation to the interest (for example, under a splitting order).

(2) At least 28 days before filing the Form 11 or lodging the draft consent order, the party must serve the following documents on the trustee:

(a)

a copy of the draft consent order that the parties intend to apply for, signed by the parties or the parties' lawyers;

(b) a written notice stating that:

(i)

the parties intend to apply for the order sought if no objection to the order is received from the trustee within the time mentioned in subrule (3); and

(ii)

if the trustee objects to the order sought, the trustee must give the parties written notice of the objection within the time mentioned in subrule (3).

(3)

If the trustee does not object to the order sought within 28 days after receiving a notice under subrule (2), the party may file the application.

(4)

Despite subrule (3), if, after service of the draft consent order on the trustee, the trustee consents, in writing, to the order being made, the parties may file the Form 11 or lodge the draft consent order.