Married Persons Property Act 1986

In proceedings instituted by an application under section 13 in relation to property the court may, on the application of a party to the proceedings, grant an injunction restraining any person from making any threatened or apprehended transfer, assignment, sale or other disposition of the property until the application under section 13 is heard and decided.

On the hearing of an application under section 13 in relation to property the court may make any orders in relation to the title to, or the possession or disposition of, the property it considers appropriate, and may, in particular, make orders for the sale of the property and the division of the proceeds of sale, or for the partition or division of the property.

For the purpose of giving effect to any order made in relation to property under subsection (2), the court may set aside any transfer, assignment, sale or other disposition of the property that was made with a view to defeating an existing or apprehended order in relation to the property.

When making an order in relation to property under subsection (2), the court shall have regard to the interests of, and shall make any order proper for the protection of, a person who purchased the property in good faith or any other interested person.

If an application under section 13 relates to money of the spouse, civil union partner or civil partner of a person that was invested by the person without the consent of the spouse, civil union partner or civil partner, the court may order that the amount of the money and any interest, dividend or other profit derived from the money be paid to the spouse, civil union partner or civil partner.

If a third party referred to in section 13 makes an application under that section, the third party shall, for the purposes of the proceedings in relation to the application, be treated as a stakeholder only.

On the hearing of an application under section 13 or subsection (1), the court may direct any inquiry about the matters in question to be made in any way the court considers appropriate.

Nothing in this Act shall be taken to affect any power of the court given by any other Territory law.

Dictionary

(see s 1A)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:

• civil partner

• civil partnership

• civil union

• civil union partner

• Magistrates Court

• Supreme Court

• territory law.

court—see section 2.