BANKRUPTCY ACT 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 3 - Property available for payment of debts  

Subdivision B - Superannuation contributions  

SECTION 128K   JUDICIAL ENFORCEMENT OF SUPERANNUATION ACCOUNT-FREEZING NOTICES  

128K(1)   [ Orders where trustee breaches notice]  

If the Court is satisfied that the trustee of an eligible superannuation plan has breached, or is proposing to breach, a superannuation account-freezing notice, the Court may, on application of the trustee of the relevant bankrupt ' s estate, make any or all of the following orders:


(a) an order directing the trustee of the plan to comply with that notice;


(b) an order directing the trustee of the plan to pay to the trustee of the relevant bankrupt ' s estate an amount not exceeding the money, or the value of the property, received as a result of the transaction referred to in paragraph 128E(1)(a) ;


(c) any other order that the Court thinks appropriate.

128K(2)   [ Discharge or variation of order]  

The Court may discharge or vary an order granted under this section.

128K(3)   [ Enforceability]  

An order by the Court under paragraph (1)(b) is enforceable as if it were an order for the payment of money made by the Court when exercising jurisdiction otherwise than under this Act.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.