Document ID: chunk:federal_register_of_legislation:C2004A00736:clause:3_106b
Version: federal_register_of_legislation:C2004A00736
Segment Type: clause
Provision Reference: sch 3 cl 106B
Character Range: 101742–102960

106B  Transactions to defeat claims

 (1) In proceedings under this Act, the court may set aside or restrain the making of an instrument or disposition by or on behalf of, or by direction or in the interest of, a party, which is made or proposed to be made to defeat an existing or anticipated order in those proceedings or which, irrespective of intention, is likely to defeat any such order.

 (2) The court may order that any money or real or personal property dealt with by any such instrument or disposition may be taken in execution or charged with the payment of such sums for costs or maintenance as the court directs, or that the proceeds of a sale must be paid into court to abide its order.

 (3) The court must have regard to the interests of, and shall make any order proper for the protection of, a bona fide purchaser or other person interested.

 (4) A party or a person acting in collusion with a party may be ordered to pay the costs of any other party or of a bona fide purchaser or other person interested of and incidental to any such instrument or disposition and the setting aside or restraining of the instrument or disposition.

 (5) In this section:

disposition includes a sale and a gift.