(1) A court may order that all, or a specified part, of this Division not apply in relation to a particular payment if the court is satisfied that the operation of those provisions would cause hardship or unreasonable loss to someone other than the member or dependant.
(2) In considering an application for an order, the court may make any interlocutory or final order (including as to costs) that the court considers just, having regard to:
(a) if the liability arose under a financial arrangement--the terms and conditions of the financial arrangement; and
(b) the circumstances of the member or dependant; and
(c) the circumstances of the other person.