New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 58M

58M Orders setting aside dispositions of property

(1) Application for order setting aside disposition of or dealing with property If:

(a) a restraining order is made or may be sought against property, and

(b) the property is disposed of, or otherwise dealt with:

(i) in contravention of the restraining order, or

(ii) before a restraining order is obtained as part of a scheme for the purpose of avoiding a liability under Division 8 (whether actual or potential), and

(c) the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith,

an appropriate officer may apply to the Supreme Court for an order that the disposition of or dealing with the property be set aside.

(2) Order setting aside disposition or dealing If an application is made under subsection (1) and the Supreme Court is satisfied as to the matters set out in subsection (1) (a), (b) and (c), the Court may make an order:

(a) setting aside the disposition or dealing as from the day on which the disposition or dealing took place or as from the day of the order under this subsection, and

(b) (if appropriate) declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order.

(3) Protection of successors in title This section does not affect the rights of a person who acquired property from a person in good faith and by giving consideration that was at least as valuable as the market value of the property at the time of its acquisition.