Family Proceedings Act 1980

Miscellaneous provisions

183: Dispositions may be restrained

You could also call this:

"Stopping someone from getting rid of property to avoid paying you"

Illustration for Family Proceedings Act 1980

You can ask the court to stop someone from getting rid of property if it seems they are trying to defeat your claim or rights under Part 6 or the Child Support Act 1991. The court can make an order to stop the property from being disposed of, or it can order the proceeds to be paid into court. The court will decide how to deal with the proceeds. If the court makes an order to stop the disposition and the person still gets rid of the property, the disposition will be void. The court can consider claims from anyone who is interested and make an order that it thinks is fair. You can apply to the court for this order, and the court will decide who to notify and how to handle the situation.

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182: Court may make orders as to settled property, etc, or

"Court can decide how to share property and money in a marriage or civil union"


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184: Dispositions may be set aside, or

"When someone gives away property to stop you getting it, you can ask the court to change this decision."

Part 11Miscellaneous provisions

183Dispositions may be restrained

  1. Where it appears to the court that a disposition of any property is about to be made, whether for value or not, by or on behalf of or by direction of or in the interests of a party to any proceedings under this Act in order to defeat the claim or rights of any person under Part 6 or under the Child Support Act 1991 or in respect of costs, the court may, on the application of that person and on such notice being given as the court may direct, by order restrain the making of the disposition or may order any proceeds of the disposition to be paid into court to be dealt with as the court directs.

  2. A disposition made after an order of the court under subsection (1) restraining the making of the disposition has been served on or come to the notice of the person disposing of the property, or any auctioneer, agent, or solicitor acting in connection with the disposition, shall be void; and the court may consider any claim of any person interested and may make such order as it thinks just.

Notes
  • Section 183(1): amended, on , by section 25 of the Family Proceedings Amendment Act 1991 (1991 No 144).