Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) This section applies if, in an action for partition—
(a) 2 or more sales are made; and
(b) a person (the excluded person ) is excluded from participation in the proceeds of any of the sales (the excluded sale ).
(2) If the excluded person establishes the person's claim to take part in the proceeds of another of those sales, the shares of the other people interested in the proceeds of that sale must be reduced to the extent that their share of the proceeds of the excluded sale were increased by the exclusion of the excluded person from the proceeds of that sale.
(3) The
amount mentioned in subsection (2) must be put towards payment to the excluded
person of the share of the proceeds of the excluded sale that the person would
have been entitled to if the person had not been excluded.