BANKRUPTCY ACT 1966

PART XIA - FARMERS ' DEBTS ASSISTANCE  

SECTION 253E   RELEVANT AUTHORITY MAY APPLY FOR STAY OF PROCEEDINGS UNDER CERTAIN PETITIONS  

253E(1)   [Creditor ' s or debtor ' s petition]  

If:


(a) a creditor ' s petition is presented against a person (whether alone or jointly with another person) or against a partnership of which a person is a member; or


(b) a debtor ' s petition is presented against a partnership of which a person is a member and that person is not one of the partners presenting the petition;

and a stay under a proclaimed law applies in relation to that person, the relevant authority may, at any time before a sequestration order is made on the creditor ' s petition or before the debtor ' s petition is accepted by the Official Receiver, as the case may be, apply to the Court for an order staying all or any proceedings under the petition, and the Court may, if it thinks fit, upon such terms and conditions as it thinks proper, stay all or any proceedings under the petition.

253E(2)   [Other petitions]  

If a petition is presented under section 244 or section 247 for an order for the administration of the estate of a deceased person and a stay under a proclaimed law applies in relation to the estate, the relevant authority may, at any time before the order is made, apply to the Court for an order staying all or any proceedings under the petition, and the Court may, if it thinks fit, upon such terms and conditions as it thinks proper, stay all or any proceedings under the petition.

253E(3)   [Period of stay]  

An order made under this section may provide that the stay is to be of indefinite duration or for such period as the Court thinks fit.




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