PROPERTY LAW ACT 1974 - SECT 335 Transactions to defeat claims

PROPERTY LAW ACT 1974 - SECT 335

335 Transactions to defeat claims

(1) If a court is satisfied an existing or anticipated order in a proceeding under this part is likely to be defeated by the making of a document or disposition by a party to the proceeding, the court may set aside or restrain the making of the document or disposition.

(2) If a court is satisfied an order in a proceeding under this part was defeated by the making of a document or disposition by a party to the proceeding, the court may order that—

(a) any property dealt with by the document or disposition be applied towards, or charged with, payment of—

(i) an amount payable under a property adjustment order; or

(ii) costs; or

(b) the proceeds of a sale of the property be paid into court to await its order.

(3) A court may order a party, or person acting in collusion with a party, to pay the costs of—

(a) another party; or

(b) a purchaser in good faith; or

(c) another interested person.

(4) The costs mentioned in subsection (3) are the costs of and incidental to—

(a) the document or disposition; or

(b) the setting aside or restraining of the document or disposition.

(5) For this section, something is made by a person if the thing is made by or on behalf of, or by direction or in the interests of, the person.

(6) For this section, it does not matter whether the document or disposition is or was intended to defeat the order it is likely to defeat or has defeated.