AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RELATIONSHIPS ACT 2003 - SECT 58

58. Transactions to defeat claims

      (1) If a court is satisfied that an existing or anticipated order in a proceeding under this Act 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 that an existing or anticipated order in a proceeding under this Act 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 an order adjusting interests in the property of one or more of the parties to the proceeding; or

(ii) costs; or

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

      (3) A court may order a party or a person acting in collusion with a party to pay the costs of any other party, or of a genuine purchaser or other interested person, of and incidental to any document or disposition or the setting aside or restraining of the document or disposition.

      (4) For the purpose of this section –

(a) 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; and

(b) it does not matter that the document or disposition is intended to defeat the order concerned.



[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]