New South Wales Consolidated Acts

MATRIMONIAL CAUSES ACT 1899 - SECT 58

58 Court may set aside deeds &c

(1) Where it is proved to the satisfaction of the Court that any deed conveyance instrument or agreement has been executed or made by or on behalf of or by direction of or in the interest of a respondent husband or wife in order to defeat the claim of the petitioner in respect of costs or alimony or in respect of money payable for the maintenance of children the deed conveyance instrument or agreement may on the application of the petitioner and on such notices being given as are directed be set aside on such terms as the Court thinks proper.

(2) If the Court on the hearing of the application so order and declare any money or property real or personal dealt with by such deed conveyance instrument or agreement as aforesaid may be taken in execution at the suit of the petitioner or charged with the payment of such sums for the maintenance of the petitioner or of the petitioner and children as the Court directs.

(3) On the hearing the Court may make such order for the protection of a bonâ fide purchaser as it thinks just.

(4) The respondent or anyone acting in collusion with the respondent may be ordered to pay the costs of the petitioner and of a bonâ fide purchaser of and incidental to the execution of the said deed conveyance instrument or agreement and of setting the same aside.