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Property Law Act 2023
sec.192Assignment in equity
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### sec.192 Assignment in equity
A voluntary assignment of property is taken to have been assigned in equity, whether the assignment is oral or in writing, if the assignment is complete.
For subsection (1) , an assignment is complete when the assignor has done everything that needs to be done by the assignor to transfer to the assignee, whether absolutely, conditionally, or by way of charge, the rights of the assignor in relation to the property.
Subsection (2) applies even if a thing remains to be done, without the intervention or assistance of the assignor, to transfer to the assignee the rights of the assignor in relation to the property.
This section applies—
despite any rule of equity to the contrary; and
subject to sections 7 and 8 .
(sec.192-ssec.1) A voluntary assignment of property is taken to have been assigned in equity, whether the assignment is oral or in writing, if the assignment is complete.
(sec.192-ssec.2) For subsection (1) , an assignment is complete when the assignor has done everything that needs to be done by the assignor to transfer to the assignee, whether absolutely, conditionally, or by way of charge, the rights of the assignor in relation to the property.
(sec.192-ssec.3) Subsection (2) applies even if a thing remains to be done, without the intervention or assistance of the assignor, to transfer to the assignee the rights of the assignor in relation to the property.
(sec.192-ssec.4) This section applies— despite any rule of equity to the contrary; and subject to sections 7 and 8 .
- (a) despite any rule of equity to the contrary; and
- (b) subject to sections 7 and 8 .