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PROPERTY LAW ACT 1974 - SECT 335
Transactions to defeat claims
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.
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