Section 164: The available amount
725.This section defines the “available amount”. This is the sum which, if lower than the total value of the benefits from exploitation included in the order, will be the maximum that a respondent can be ordered to pay. The available amount is the total value of the respondent’s assets, any benefits secured by the respondent for a third party (for example where the respondent has asked the publisher to pay proceeds from a book to a family member) and the value of any relevant gifts that the court considers it just and reasonable to take into account. Subsection (2) defines the value of the respondent’s assets as the value of all the free property held by the respondent, less the total amount payable in respect of obligations that have priority. Subsection (3) sets out that property is free unless it is subject to certain types of forfeiture, deprivation and other types of orders. Subsection (4) defines priority obligations. Such obligations will include court fines and liabilities such as mortgages. A relevant gift is defined in subsection (6) as a gift made on or after the time the respondent derived any of the benefits identified in the order. A gift includes transaction at a significant undervalue.
