Orders binding on trustee
(1) An order under this Part in relation to a superannuation interest may be expressed to bind the person who is the trustee of the eligible superannuation plan at the time when the order takes effect. However: (a) in the case of a trustee who is not a secondary government trustee—the court cannot make such an order unless the trustee has been accorded procedural fairness in relation to the making of the order; and (b) in the case of a secondary government trustee: (i) the court cannot make such an order unless another trustee of the eligible superannuation plan has been accorded procedural fairness in relation to the making of the order; and (ii) the court may, if it thinks fit, require that the secondary government trustee also be accorded procedural fairness. (2) If an order is binding on the person who is the trustee of an eligible superannuation plan at the time when the order takes effect, then the order is also binding (by force of this subsection) on: (a) any person who subsequently becomes the trustee of that eligible superannuation plan; or (b) in a case where section 90YZA applies—a person who is the trustee, or any person who subsequently becomes the trustee, of the new ESP.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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