Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:1_90um:p3
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 1 cl 90UM (pt 3/3)
Character Range: 121508–123642

the legal practitioner stating that the advice was provided was neither:
 (i) included in, or attached to, the agreement; or
 (ii) given to the party;
and it would be unjust and inequitable, having regard to the eligible agreed matters (within the meaning of section 90UE) for the agreement, if the court does not set the agreement aside.

 (6) A court may, on an application by a person who was a party to the Part VIIIAB financial agreement that has been set aside, or by any other interested person, make such order or orders (including an order for the transfer of property) as it considers just and equitable for the purpose of preserving or adjusting the rights of persons who were parties to that financial agreement and any other interested persons.

 (7) An order under subsection (1) or (6) may, after the death of a party to the proceedings in which the order was made, be enforced on behalf of, or against, as the case may be, the estate of the deceased party.

 (8) If a party to proceedings under this section dies before the proceedings are completed:
 (a) the proceedings may be continued by or against, as the case may be, the legal personal representative of the deceased party and the applicable Rules of Court may make provision in relation to the substitution of the legal personal representative as a party to the proceedings; and
 (b) if the court is of the opinion:
 (i) that it would have exercised its powers under this section if the deceased party had not died; and
 (ii) that it is still appropriate to exercise those powers;
  the court may make any order that it could have made under subsection (1) or (6); and
 (c) an order under paragraph (b) may be enforced on behalf of, or against, as the case may be, the estate of the deceased party.

 (9) The court must not make an order under this section if the order would:
 (a) result in the acquisition of property from a person otherwise than on just terms; and
 (b) be invalid because of paragraph 51(xxxi) of the Constitution.
For this purpose, acquisition of property and just terms have the same meanings as in paragraph 51(xxxi) of the Constitution.