Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 80

General powers of court

             (1)  The court, in exercising its powers under this Part, may do any or all of the following:

                     (a)  order payment of a lump sum, whether in one amount or by instalments;

                     (b)  order payment of a weekly, monthly, yearly or other periodic sum;

                   (ba)  order that a specified transfer or settlement of property be made by way of maintenance for a party to a marriage;

                     (c)  order that payment of any sum ordered to be paid be wholly or partly secured in such manner as the court directs;

                     (d)  order that any necessary deed or instrument be executed and that such documents of title be produced or such other things be done as are necessary to enable an order to be carried out effectively or to provide security for the due performance of an order;

                     (e)  appoint or remove trustees;

                      (f)  order that payments be made direct to a party to the marriage, to a trustee to be appointed or into court or to a public authority for the benefit of a party to the marriage;

                     (h)  make a permanent order, an order pending the disposal of proceedings or an order for a fixed term or for a life or during joint lives or until further order;

                      (i)  impose terms and conditions;

                      (j)  make an order by consent;

                     (k)  make any other order (whether or not of the same nature as those mentioned in the preceding paragraphs of this section), which it thinks it is necessary to make to do justice; and

                      (l)  subject to this Act and the applicable Rules of Court, make an order under this Part at any time before or after the making of a decree under another Part.

             (2)  The making of an order of a kind referred to in paragraph (1)(ba), or of any other order under this Part, in relation to the maintenance of a party to a marriage does not prevent a court from making a subsequent order in relation to the maintenance of the party.

             (3)  The applicable Rules of Court may make provision with respect to the making of orders under this Part in relation to the maintenance of parties to marriages (whether as to their form or otherwise) for the purpose of facilitating their enforcement and the collection of maintenance payable under them.

             (4)  If a bankruptcy trustee is a party to a proceeding before the court, the court may make an order under paragraph (1)(d) directed to the bankrupt.

             (5)  If the trustee of a personal insolvency agreement is a party to a proceeding before the court, the court may make an order under paragraph (1)(d) directed to the debtor subject to the agreement.

             (6)  Subsections (4) and (5) do not limit paragraph (1)(d).



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