(1) If the Supreme Court is satisfied the person carried out a scheme for the
purpose of directly or indirectly defeating the operation of this Act in any
way, the court may for defeating that purpose—
(a) make an order declaring
all or part of the scheme void; or
(b) make an order varying the operation of
all or part of the scheme.
(2) The court may make the other orders the court
considers appropriate in the circumstances for a consequential or related
matter or for giving effect to any order of the court under this section,
including, for example, orders about the following—
(a) any disposal of
property;
(b) the payment of money;
(c) the sale or other realisation of
property and the disposal of the proceeds;
(d) the creation of a charge on
property in favour of any person and the enforcement of the charge created;
(e) the rights of a person who acquired an interest in the property after the
scheme was carried out and before the declaration was made.
(3) A charge on
property created under an order of the court under subsection (2) (d) is
declared to be a statutory interest to which section 73(2) of the
Personal Property Securities Act 2009 (Cwlth) applies.
