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COMMONWEALTHAct
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s 139G

Giving effect to orders under this Division

In force
Part VIAdministration of property
Division 4AOrders in relation to property of entity controlled by bankrupt or from which bankrupt derived a benefit

139G Giving effect to orders under this Division

(1)

Where:

(a)

the Court makes an order under section 139D or 139DA vesting in a person an estate in property; and

(b)

a law of the Commonwealth, of a State or of a Territory requires the creation, transfer or transmission of estates in that property to be registered;

that estate vests in equity in the person by virtue of the order but does not so vest at law until the requirements of that law have been complied with.

(2)

Where the Court makes under section 139D or 139DA an order directing the execution of an instrument and:

(a)

a person has refused or failed to comply with the direction; or

(b)

for any other reason, the Court thinks it necessary to exercise its powers under this subsection;

the Court may, by order, appoint the Registrar:

(c)

to execute the instrument in the name of a person; and

(d)

to do all acts and things necessary to give effect to the instrument.

(3)

An order by the Court under section 139E or 139EA is enforceable as if it were an order for the payment of money made by the Court when exercising jurisdiction otherwise than under this Act.

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