Document ID: chunk:federal_register_of_legislation:F2022L00470:reg:28
Version: federal_register_of_legislation:F2022L00470
Segment Type: reg
Provision Reference: reg 28
Character Range: 42441–43363

28  Validity of certain dealings with leases not affected by this Division
  Nothing in this Division affects the validity of a dealing in relation to a Division 4 lease if the dealing is made in any of the following circumstances:
 (a) the lessee has died;
 (b) the dealing is made under any of the following orders:
 (i) an order of Division 1 of the Federal Circuit and Family Court of Australia;
 (ii) an order of another court having jurisdiction under the Family Law Act 1975;
 (iii) an order under the Domestic Relationships Act 1994 (ACT), adjusting the property interests of the parties in a domestic relationship;
 (c) the dealing happens by operation of, or under, a law relating to bankruptcy or insolvency;
 (d) the dealing is the transfer or assignment of the lease by a mortgagee in exercising the mortgagee's power of sale;
 (e) the dealing in the lease occurs by operation of law.

Division 5—Subleasing