Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (2), where a person within 2 months before being declared under
section 64(1) to be a person in need of an administrator of his estate has
entered into a disposition of any property (including a gift) or taken on
lease, mortgaged, charged, or purchased any property, or agreed to do so, the
State Administrative Tribunal may, on the application of the administrator of
that person’s estate and on notice to such persons as the Tribunal may
direct, set aside the transaction and make such consequential orders as it
thinks fit for the purpose of adjusting the position or rights of the parties
and other persons.
(2) The State
Administrative Tribunal shall not set aside any transaction under this section
where —
(a) the
application is not brought within the period of 2 years commencing on the day
of the completion of the transaction or, in the case of a lease taken, is not
brought before the expiration of the lease; or
(b) the
Tribunal is satisfied, in the case of a transaction that is not a gift, that
—
(i)
the other party acted in good faith and without notice of
any incapacity to which the represented person was then subject; and
(ii)
the consideration for the disposition was adequate or, in
the case of a purchase, not excessive or, in the case of a lease taken, the
rent is not excessive.
(3) For the purposes
of an application under this section, the represented person shall be deemed
to have been a person who was in need of an administrator of his estate, at
the time when he entered into the transaction or agreed to do so, until the
contrary is shown.
[Section 82 amended: No. 55 of 2004 s. 444.]