PROPERTY LAW ACT 1974 - SECT 276
Court may vary recognised agreement if serious injustice or impracticable
PROPERTY LAW ACT 1974 - SECT 276
Court may vary recognised agreement if serious injustice or impracticable
276 Court may vary recognised agreement if serious injustice or impracticable
(1) On an application for a property adjustment order, the court may vary all
or any of the provisions of the agreement if the court is satisfied— (a)
enforcement of the agreement would result in serious injustice for a party to
the agreement or a child of either of the de facto partners; or
(b) because
of circumstances arising since the agreement was made, it is impracticable for
the agreement or part of the agreement to be carried out.
(2) It does not
matter whether the agreement purports to prevent a variation of all or any of
the agreement’s provisions.
(3) If the court varies a provision of the
agreement, section 274 applies to the agreement as varied.
(4) This section
does not affect any other right a person may have to have the agreement varied
under another law.
(5) In this section—
"law" includes a law of the Commonwealth or a State.
"vary" includes set aside.
