Document ID: chunk:federal_register_of_legislation:C2025C00167:section:118:p3
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 118 (pt 3/3)
Character Range: 320807–322210

of a petition, against a debtor obtained a charge or charging order against property of the debtor; and
 (b) the debtor subsequently becomes a bankrupt on, or by virtue of the presentation of, the petition;
the charge or charging order, as the case may be, is void as against the trustee in the bankruptcy.
 (10) Subsections (5), (6) and (9) do not apply in relation to the attachment of a debt due to a debtor, or to a charge or charging order against property of a debtor, in respect of any liability of the debtor under a maintenance agreement or maintenance order (whether entered into or made, as the case may be, before or after the commencement of this section).
 (11) Notwithstanding anything contained in this Act, a person who purchases property in good faith:
 (a) under a sale by a sheriff in consequence of the issue of execution against property of a debtor who, after the sale, becomes a bankrupt; or
 (b) under a sale in consequence of the enforcement by a creditor of a charge or a charging order against property of a debtor who, after the sale, becomes a bankrupt;
acquires a good title to it as against the trustee of the estate of the bankrupt.
 (12) In this section:
charge means a charge created by a law of the Commonwealth or of a State or Territory upon registration of a judgment in any registry.
charging order means a charging order made by a court in respect of a judgment.