PROPERTY LAW ACT 1958 - SECT 229 Sale and division of proceeds to be preferred

PROPERTY LAW ACT 1958 - SECT 229

    (1)     If VCAT determines that an order should be made for the sale and division of land which is, or goods which are, the subject of an application under this Division, VCAT must make an order under section 228(2)(a) unless VCAT considers that it would be more just and fair to make an order under section 228(2)(b) or (c).

    (2)     Without limiting any matter which VCAT may consider, in determining whether an order under section 228(2)(b) or (c) would be more just and fair, VCAT must take into account the following—

        (a)     the use being made of the land or goods, including any use of the land or goods for residential or business purposes;

        (b)     whether the land is, or goods are, able to be divided and the practicality of dividing the land or goods;

        (c)     any particular links with or attachment to the land or goods, including whether the land or the goods are unique or have a special value to one or more of the co-owners.

S. 230 substituted by No. 71/2005 s. 5.