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Thursday, 19 November 1959

Sir GARFIELD BARWICK (Parramatta) (Attorney-General) . - I move -

After clause 80, insert the following new clause in Part VIII.:- "80a. - (1.) Where a person who is directed by an order under this Part to execute a deed or instrument refuses or neglects to do so, the court may appoint an officer of the court or other person to execute the deed or instrument in his name and to do all acts and things necessary to give validity and operation to the deed or instalment. " (2.) The execution of the deed or instrument by the person so appointed has the same force and validity as if it had been executed by the person directed by the order to execute it. " (3.) The court may make such order as it thinks just as to the payment of the costs and expenses of and incidental to the preparation of the deed or instrument and its execution.".

This provision is to give the court power to cause a settlement to be executed in any case where a person who is ordered to execute a settlement does not do so.

Proposed new clause agreed to.

Proposed new clause 80b.

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