Points in proceedings which may trigger a recovery or preservation of property

Section 17(2B) explains that the recovery or preservation takes place either in the proceedings or under any settlement arrived at to prevent them or bring them to an end.  Property could be recovered or preserved could be made in the following situations:

  • under a decree in the proceedings, whether following proof or otherwise,
  • under an extra-judicial settlement bringing the proceedings to an end, and
  • under an extra-judicial settlement after civil legal aid has been granted, but before any proceedings have been raised.


In the last example, you should remember that you cannot provide advice and assistance in parallel to civil legal aid once civil legal aid has been granted.  Section 7(2) of the Act prohibits giving advice and assistance in relation to proceedings for which legal aid has been made available.

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