Australian Capital Territory Current Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 71

Power to adjust transactions

    (1)     If a person for whose property a manager is appointed purports to enter into a transaction in relation to the property, the transaction is, subject to subsection (2), not void on the ground that the person was not legally competent to enter into the transaction.

    (2)     The ACAT, the Supreme Court or the Magistrates Court may, on an application made within 90 days after the date of the transaction by the guardian, the manager or some other person concerned in the transaction, by order—

        (a)     confirm the transaction; or

        (b)     declare the transaction void; or

        (c)     adjust the rights of the parties to the transaction;

as is just.

    (3)     The ACAT, the Supreme Court or the Magistrates Court may order an application made to it to be transferred to another of the ACAT, the Supreme Court or the Magistrates Court.

    (4)     A transferred application must be dealt with as if it had been started in the ACAT or the relevant court and the ACAT or court may make any proper order for the further steps to be taken before it.

    (5)     An order under this section has effect according to its tenor.



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