Bankruptcy Act 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 4A - Orders in relation to property of entity controlled by bankrupt or from which bankrupt derived a benefit  

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History

Div 4A heading amended by No 33 of 2006, s 3 and Sch 1 item 16, by inserting " or from which bankrupt derived a benefit " at the end, applicable in relation to an examinable period that commences on or after 31 May 2006.

Div 4A inserted by No 119 of 1987, s 51(1).

SECTION 139G   GIVING EFFECT TO ORDERS UNDER THIS DIVISION  

139G(1)    
Where:

(a)    

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the Court makes an order under section 139D or 139DA vesting in a person an estate in property; and

(b)    

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a law of the Commonwealth, of a State or of a Territory requires the creation, transfer or transmission of estates in that property to be registered;

that estate vests in equity in the person by virtue of the order but does not so vest at law until the requirements of that law have been complied with.

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History

S 139G(1) amended by No 154 of 2020, s 3 and Sch 3 item 9, by substituting " or of a Territory " for " , or of a Territory of the Commonwealth, " in para (b), effective 2 August 2021. For application, saving and transitional provisions, see note under section 7(2) of the Act.

S 139G(1) amended by No 33 of 2006, s 3 and Sch 1 item 25, by inserting " or 139DA " after " section 139D " , applicable in relation to an examinable period that commences on or after 31 May 2006.

139G(2)    

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Where the Court makes under section 139D or 139DA an order directing the execution of an instrument and:

(a)    a person has refused or failed to comply with the direction; or

(b)    for any other reason, the Court thinks it necessary to exercise its powers under this subsection;

the Court may, by order, appoint the Registrar:

(c)    to execute the instrument in the name of a person; and

(d)    to do all acts and things necessary to give effect to the instrument.

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History

S 139G(2) amended by No 33 of 2006, s 3 and Sch 1 item 26, by inserting " or 139DA " after " section 139D " , applicable in relation to an examinable period that commences on or after 31 May 2006.

139G(3)    

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An order by the Court under section 139E or 139EA is enforceable as if it were an order for the payment of money made by the Court when exercising jurisdiction otherwise than under this Act.

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S 139G(3) amended by No 33 of 2006, s 3 and Sch 1 item 27, by inserting " or 139EA " after " section 139E " , applicable in relation to an examinable period that commences on or after 31 May 2006.

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History

S 139G inserted by No 119 of 1987, s 51(1).

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