Commonwealth Consolidated Acts

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Setting aside declarations

             (1)  If, in the primary proceedings, a person (the affected person ) affected by a section 90RD declaration made in those proceedings applies under this subsection, and the court is satisfied that:

                     (a)  a fact or circumstance has arisen that has not previously been disclosed to the court; and

                     (b)  if the affected person was a party to the primary proceedings at the time the application for the declaration was made--the fact or circumstance was not within the affected person's knowledge at that time;

the court may do any of the following:

                     (c)  vary the declaration;

                     (d)  set the declaration aside;

                     (e)  set the declaration aside and make another section 90RD declaration in substitution for the declaration so set aside.

             (2)  The setting aside of a declaration does not affect anything done in reliance on the declaration while it remained in force.

             (3)  If the court sets aside a section 90RD declaration, the court may, on application by the affected person 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 placing as far as practicable any person affected by the setting aside of the declaration in the same position as that person would have been in if the declaration had not been made.

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