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FAMILY COURT ACT 1997 - SECT 221

FAMILY COURT ACT 1997 - SECT 221

221 .         Execution of instruments by order of court — FLA s. 106A

        (1)         If —

            (a)         an order under this Act directs a person to execute a deed or instrument and the person has refused or neglected to comply with the direction; or

            (b)         a provision of a registered parenting plan requires a person to execute a deed or instrument and the person has refused or neglected to comply with the provision; or

            (c)         for any other reason, a court thinks it necessary to do so,

                then a court may appoint an officer of the court or other person specified in the order to execute the deed or instrument in the name of the person directed under the order, or required under the provision, to do all acts and things necessary to give effect to the deed or instrument.

        (2)         A deed or instrument executed by a person appointed under subsection (1) has effect as if it had been executed by the person directed under the order, or required under the parenting plan provision, to execute the deed or instrument.

        (3)         A court may make such order as it thinks just as to the payment of the costs and expenses of and incidental to the preparation of the deed or instrument and its execution.

        [Section 221 amended: No. 35 of 2006 s. 16.]