Flagging order
90XU Flagging order
A court, in accordance with section 90XS, may make an order in relation to a superannuation interest (other than an unflaggable interest):
directing the trustee not to make any splittable payment in respect of the interest without the leave of the court; and
requiring the trustee to notify the member spouse and the non‑member spouse, within a period specified in the order, of the next occasion when a splittable payment becomes payable in respect of the interest.
In deciding whether to make an order in accordance with this section, the court may take into account such matters as it considers relevant and, in particular, may take into account the likelihood that a splittable payment will soon become payable in respect of the superannuation interest.
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