33Power of court to prohibit or suspend process or re‑open transactions

33 Power of court to prohibit or suspend process or re‑open transactions

(1) Where it appears to any court of a State or Territory, on application made by or on behalf of any national serviceman or female dependant of a national serviceman, that any writ or other legal process has been issued or is proposed to be issued out of the court in respect of any liability of any national serviceman or female dependant of a national serviceman under any contract or agreement, and that the contract or agreement is, so far as the national serviceman or female dependant is concerned, unduly onerous, the court may make such order upon such terms and conditions as it thinks fit prohibiting or suspending the issue of the process, or, if the process has already been issued, prohibiting or suspending further proceedings in pursuance of the process. (2) If in relation to any transaction it appears to the appropriate court, on application made by or on behalf of a national serviceman or female dependant of a national serviceman, that the transaction is, so far as the national serviceman or female dependant is concerned, unduly onerous, or is such that a court of equity would give relief, the court may re‑open the transaction and take an account between the national serviceman or female dependant and the other party to the transaction, and make such order as it thinks just as regards the transaction, and as regards any property affected by the transaction, and any such order has effect according to its tenor and shall be complied with by the parties to the transaction. (3) The provisions of section 28 of this Act relating to procedure and costs apply to applications under this section.