Commonwealth Consolidated Acts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 72C

  (1)   The court may, of its own volition or on application by the Registrar:

  (a)   set aside an instrument or disposition that has been made; or

  (b)   restrain the making of an instrument or disposition that is proposed to be made;

by or on behalf of, or by direction or in the interest of, a payer of an enforceable maintenance liability or carer liability.

  (2)   The court may set aside the instrument or disposition, or restrain the making of the proposed instrument or disposition, if the court is satisfied that the instrument or disposition has been made, or is proposed to be made, to reduce or defeat the payer's ability:

  (a)   to pay child support; or

  (b)   to pay any debt under, or to meet, the enforceable maintenance liability or carer liability.

  (3)   The court may order:

  (a)   that any money or any real or personal property dealt with by any such instrument or disposition may be taken in execution, or charged with the payment, of such amounts for costs or child support as the court directs; or

  (b)   that the proceeds of a sale must be paid into court to abide by its order.

  (4)   The court must have regard to the interests of a bona fide purchaser or other interested person and must make any order it considers proper for the protection of those persons.

  (5)   The court may order:

  (a)   the payer; or

  (b)   if a person has colluded with the payer in the making or proposed making of the instrument or disposition--that person;

to pay the costs incurred by:

  (c)   the payee of the liability; or

  (d)   a bona fide purchaser or other person for whose protection an order is made under subsection   (4); or

  (e)   the Registrar;

in relation to the making, or the proposed making, of the instrument or disposition or the proceedings under this section.

  (6)   In this section, disposition includes a sale and a gift.