Powers of a court
58 Powers of a court
In exercising its powers under this Part, a court may do any one or more of the following—
order the transfer of property;
order the sale of property and the distribution of the proceeds of sale in any proportions that the court thinks fit;
order that any necessary deed or instrument be executed and that documents of title be produced or other things be done that are necessary to enable an order to be carried out effectively or to provide security for the due performance of an order;
order payment of a lump sum, whether in one amount or by instalments;
order payment of a weekly, fortnightly, monthly, yearly or other periodic sum;
order that payment of any sum ordered to be paid be wholly or partly secured in any manner that the court directs;
appoint or remove trustees;
make an order or grant an injunction for either or both of the following purposes—
for the protection of or otherwise relating to the property of one or both of the parties to an application; or
to aid enforcement of any other order made in respect of an application;
impose terms and conditions;
make an order by consent;
make any other order or grant any other injunction to do justice.
In relation to an application under this Part, a court may—
make any order or grant any remedy or relief that it is empowered to make or grant under this or any other Act or any other law; and
make any order or grant any remedy or relief under this Part in addition to or in conjunction with making any other order or granting any other remedy or relief that it is empowered to make or grant under this Act or any other Act or any other law.
This section does not take away any other power of the court under this or any other Act or any other law.
Note
See section 59 for the effect of a relationship agreement on the court's power to make an order under this section.
This Act’s bill:Explanatory memorandumSecond reading speech
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