New South Wales Consolidated Acts

MATRIMONIAL CAUSES ACT 1899 - SECT 41

41 Execution of instruments by order of Court

(1) Where any person, directed by an order under this Part to execute any deed or other instrument or make a surrender or transfer, refuses or neglects to do so, the Court may appoint the Chief Clerk in Divorce, or some other person, to execute the deed or instrument or to make the surrender or transfer in his name, and to do all acts necessary to give validity and operation thereto.

(2) The execution of the deed or instrument and the surrender or transfer so made by the person so appointed shall in all respects have the same force and validity as if it had been executed or made by the person directed by the order to execute or make it.

(3) The Court shall make such order as may be just touching the payment of the costs of, or attending the execution of, any such deed, transfer, surrender or instrument.