PART VII
-
DISCHARGE AND ANNULMENT
History
Pt VII heading inserted by No 9 of 1992, s 27.
Division 2
-
Discharge by operation of law
History
Div 2 heading inserted by No 9 of 1992, s 27.
Subdivision B
-
Objections
History
Subdiv B heading inserted by No 9 of 1992, s 27.
SECTION 149C
FORM OF NOTICE OF OBJECTION
149C(1)
[Ground, reasons, evidence etc]
A notice of objection must:
(a)
set out the ground or each of the grounds of objection, being a ground or grounds set out in subsection
149D(1)
but not being a ground or grounds of a previous objection to the discharge that was cancelled; and
(b)
refer to the evidence or other material that, in the opinion of the trustee, establishes that ground or each of those grounds; and
(c)
state the reasons of the trustee for objecting to the discharge on that ground or those grounds.
History
S 149C(1) amended by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 108 and 223, by omitting
"
or Official Receiver
"
(wherever occurring), applicable to objections filed after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
149C(1A)
[Application]
Paragraph (1)(c) does not apply to a ground specified in paragraph
149D(1)
(ab), (d), (da), (e), (f), (g), (h), (ha), (ia), (k) or (ma).
History
S 149C(1A) amended by No 106 of 2010, Sch 2 item 17, effective 1 December 2010, by inserting
"
(ia),
"
after
"
(ha),
"
.
No 106 of 2010, Sch 2[84(4)] contains the following application provision:
84 Application
(4)
The amendments made by items 16 to 19 apply in relation to bankruptcies for which the date of the bankruptcy is on or after the day on which those items commence.
S 149C(1A) inserted by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 109 and 223, applicable to objections filed after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
149C(2)
[Notice not invalid]
A notice of objection is not invalid merely because it does not state the ground or grounds of objection precisely as set out in subsection
149D(1)
provided that the ground or grounds can reasonably be identified from the terms of the notice.
History
S 149C inserted by No 9 of 1992, s 27.