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PROPERTY LAW ACT 1974 - SECT 333
Court’s powers
333 Court’s powers
(1) In exercising its powers under this part, a court may do any 1 or more of
the following— (a) order the transfer of property;
(b) order the sale of
property, and the distribution of the proceeds of sale in any proportions the
court considers appropriate;
(c) order that a document be executed, that a
document of title be produced or that anything else be done to enable an order
to be carried out effectively or to provide security for the performance of an
order;
(d) order payment of a lump sum, whether in a single amount or by
instalments;
(e) order that payment of an amount ordered to be paid be wholly
or partly secured in a way the court directs;
(f) appoint or remove a
receiver or trustees;
(g) make an order or grant an injunction— (i) for the
protection of, or otherwise relating to, the property or financial resources
of a party to an application; or
(ii) to aid enforcement of another order
made in relation to an application;
(h) make an order or grant an injunction
about the use or occupancy of the de facto partners’ home;
(i) if a de
facto partner is the lessee of the home in which the de facto partners have
lived and on separation the other de facto partner wishes to remain in the
home, the court may, with the consent of the lessor, order that the lease be
assigned from the lessee to the other de facto partner;
(j) order that
payments be made direct to a de facto partner, to a trustee or into court for
the benefit of a de facto partner;
(k) make a final order or grant a final
injunction;
(l) make an order or grant an injunction— (i) pending the
disposal of the proceeding; or
(ii) for a fixed term or for life or during
joint lives; or
(iii) until the happening of a particular event, including,
for example, a further order;
(m) impose conditions;
(n) make an order by
consent;
(o) make any other order or grant any other injunction it considers
necessary to do justice.
(2) This section does not affect any other power of
the court under this part or another law.
(3) This section applies for a
Magistrates Court despite the Magistrates Courts Act 1921 , section 7 .
(4)
In this section—
"law" includes a law of the Commonwealth or a State.
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