Bankruptcy Act 1966

PART IX - DEBT AGREEMENTS  

Division 6 - Voiding a debt agreement  

SECTION 185U   MAKING AN ORDER DECLARING A DEBT AGREEMENT VOID  

185U(1)   Power to make order.  

On an application under section 185T , the Court may make an order declaring a debt agreement void.

185U(2)   Limit on declaring debt agreement void on grounds of non-compliance with this Part.  

The Court must not declare all or part of a debt agreement void on the ground that it does not comply with this Part if the agreement or part of the agreement complies substantially with this Part.

185U(3)   Declaring a debt agreement void on grounds of deficient statement of affairs.  

The Court must not declare all or part of a debt agreement void on the ground that the statement of affairs lodged with the debt agreement was deficient, unless the Court is satisfied that it is in the creditors ' interests to declare the agreement or part of the agreement void.

185U(4)   Sequestration order.  

If the Court makes an order declaring all of a debt agreement void, the Court may also make a sequestration order if a creditor applied for the sequestration order.

185U(5)   Ancillary orders.  

If the Court makes an order declaring all or part of a debt agreement void, the Court may make such other orders as the Court thinks fit.

185U(6)   [ Compensation may be ordered]  

An order under subsection (5) may be an order directing a person to pay another person compensation of such amount as is specified in the order. This subsection does not limit subsection (5).


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.