Document ID: chunk:federal_register_of_legislation:C2004A01223:clause:6_90af:p2
Version: federal_register_of_legislation:C2004A01223
Segment Type: clause
Provision Reference: sch 6 cl 90AF (pt 2/2)
Character Range: 58019–59200

the injunction is granted;

Note: See paragraph (3)(b) for requirements for making the order or granting the injunction in these circumstances.

Example: The capacity of a party to the marriage to repay the debt would be affected by that party's ability to repay the debt without undue hardship.
 (f) the economic, legal or other capacity of the third party to comply with the order or injunction;

Example: The legal capacity of the third party to comply with the order or injunction could be affected by the terms of a trust deed. However, after taking the third party's legal capacity into account, the court may make the order or grant the injunction despite the terms of the trust deed. If the court does so, the order or injunction will have effect despite those terms (see section 90AC).
 (g) if, as a result of the third party being accorded procedural fairness in relation to the making of the order or the granting of the injunction, the third party raises any other matters—those matters;

Note: See paragraph (3)(c) for the requirement to accord procedural fairness to the third party.
 (h) any other matter that the court considers relevant.

Division 4—Other matters