Bankruptcy Act 1966
View history note
Hide history noteIf 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.
128J(2) [ Notice taken not to have been given]A superannuation account-freezing notice that has been set aside is taken not to have been given.
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