Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 128J

Power of Court to set aside superannuation account - freezing notice

  (1)   If the Court, on application by:

  (a)   a person to whom a superannuation account - freezing notice has been given; or

  (b)   the member whose superannuation interest is affected by a superannuation account - freezing notice; or

  (c)   any other interested person;

is satisfied that the Official Receiver did not have reasonable grounds to believe that:

  (d)   the relevant transaction is void against the trustee of a bankrupt's estate under section   128B or 128C; and

  (e)   either:

  (i)   the whole or a part of the relevant member's superannuation interest is attributable to the transaction; or

  (ii)   the trustee of the bankrupt's estate has made an application for a section   139ZU order that relates to the transaction and the relevant member's superannuation interest;

the Court may make an order setting aside the notice.

  (2)   A superannuation account - freezing notice that has been set aside is taken not to have been given.


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