Document ID: chunk:federal_register_of_legislation:C2024C00859:section:87:p3
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 87 (pt 3/4)
Character Range: 534818–537522

by fraud;
 (b) the parties to the agreement desire the revocation of the approval;
 (c) the agreement is void, voidable or unenforceable; or
 (d) in the circumstances that have arisen since the agreement was approved it is impracticable for the agreement to be carried out or impracticable for a part of the agreement to be carried out.
 (9) Where the approval of a maintenance agreement under this section is revoked by a court:
 (a) the agreement ceases, for all purposes, to be in force; and
 (b) the court may, in proceedings for the revocation of the approval or on application by a party to the agreement or 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 the parties to the agreement and any other interested persons;
and, in exercising its powers under paragraph (b), the court shall have regard to the ground on which it revoked the approval of the agreement.
 (10) Where a maintenance agreement has been approved by a court as provided by this section, then:
 (a) unless the agreement otherwise provides, the agreement (other than a provision in the agreement providing for the payment by way of maintenance of a periodic sum) continues to operate notwithstanding the death of a party to the agreement and operates in favour of, and is binding on, the legal personal representative of that party; and
 (b) if the agreement so provides, a provision in the agreement providing for the payment to a person by way of maintenance of a periodic sum continues to operate notwithstanding the death of any party to the agreement who is liable to make payments pursuant to that provision and is binding on the legal personal representative of that party but, notwithstanding any provision in the agreement, does not continue to operate after the death of the person who is entitled to receive those payments.
 (11) Apart from the provision made by subsections (2), (4A), (4C), (5), (9) and (10), the validity, enforceability and effect of an approved maintenance agreement shall be determined by the court according to the principles of law and equity that are applicable in determining the validity, enforceability and effect of contracts and purported contracts, and, in proceedings of the kind referred to in subparagraph (ea)(iii) of the definition of matrimonial cause in subsection 4(1), being proceedings instituted in a court in which the approved maintenance agreement is registered or deemed to be registered, the court:
 (a) subject to paragraph (b), has the same powers, may grant the same remedies and shall have the same regard to the rights