Document ID: chunk:federal_register_of_legislation:C2005A00020:clause:1_57
Version: federal_register_of_legislation:C2005A00020
Segment Type: clause
Provision Reference: sch 1 cl 57
Character Range: 27997–29090

57  After subsection 106B(1)
Insert:

 (1A) If:
 (a) a party to a marriage is a bankrupt; and
 (b) the bankruptcy trustee is a party to proceedings under this Act;
the court may set aside or restrain the making of an instrument or disposition:
 (c) which is made or proposed to be made by or on behalf of, or by direction or in the interest of, the bankrupt; and
 (d) which is made or proposed to be made to defeat an existing or anticipated order in those proceedings or which, irrespective of intention, is likely to defeat any such order.

 (1B) If:
 (a) a party to a marriage is a debtor subject to a personal insolvency agreement; and
 (b) the trustee of the agreement is a party to proceedings under this Act;
the court may set aside or restrain the making of an instrument or disposition:
 (c) which is made or proposed to be made by or on behalf of, or by direction or in the interest of, the debtor; and
 (d) which is made or proposed to be made to defeat an existing or anticipated order in those proceedings or which, irrespective of intention, is likely to defeat any such order.