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5 Dec 2009, 1:46 pm by Stephen Page
In exercising the wide and unfettereddiscretion conferred by the power to make such an order, regard should be had tothe fact that the usual order pursuant to s79 is a once and for all order made after a final hearing.In Harris at79,930 the Full Court gave some examples of circumstances where it may beappropriate to exercise the power being “where both parties agree to thedisposal of some assets pending the trial” and “[u]rgent situations” to avoidinjustice.… [read post]