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s 41

Transactions to defeat claims

In force
Part 2Power of Courts to declare existence of relationships, to declare and adjust interests in property, and make maintenance orders
Division 6Supplementary

41 Transactions to defeat claims

(1)

On an application for an order under Division 3, the court may set aside, or restrain the making of, any instrument or disposition made or proposed to be made by or on behalf of a party to the application, or by the direction of or in the interest of such a party, which is, irrespective of intention, likely to defeat an existing or anticipated order relating to the application (being an order adjusting interests with respect to the property of the parties or either of them, or an order for costs).

(2)

Without limiting section 37, the court has power to order:

(a)

that any property dealt with by an instrument or disposition mentioned in subsection (1) may as the court directs be taken in execution, or used or applied in or charged with the payment of any amounts payable under:

(i)

an order adjusting interests with respect to the property of the parties or either of them; or

(ii)

an order for costs; and

(b)

that the proceeds of a sale must be paid into court to await its order.

(3)

The court may order a party, or a person acting in collusion with a party, to pay the costs of:

(a)

the other party; or

(b)

a purchaser in good faith or other interested person;

in relation or incidental to an instrument or disposition mentioned in subsection (1) and to the setting aside or restraining of the instrument or disposition.

(4)

In this section:

disposition includes a sale and a gift.

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