Document ID: chunk:federal_register_of_legislation:C2025C00167:section:40:p3
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 40 (pt 3/5)
Character Range: 154927–157405

comply with the requirements of this Act as to the execution of the agreement by him or her; or
 (ii) to present a debtor's petition within the time specified in the resolution;
  as the case may be;
 (m) if a personal insolvency agreement executed by him or her under Part X is:
 (i) set aside by the Court; or
 (ii) terminated;
 (n) if a composition or scheme of arrangement accepted by the debtor's creditors under Division 6 of Part IV is:
 (i) set aside by the Court; or
 (ii) terminated;
 (o) if the debtor becomes insolvent as a result of one or more transfers of property in accordance with:
 (i) a financial agreement (within the meaning of the Family Law Act 1975); or
 (ii) a Part VIIIAB financial agreement (within the meaning of the Family Law Act 1975); or
 (iii) a financial agreement within the meaning of Part 5A of the Family Court Act 1997 (WA) (including a superannuation agreement (within the meaning of Part VIIIC of the Family Law Act 1975) that is included in such a financial agreement);
  to which the debtor is a party.
 (2) In calculating for the purposes of subparagraph (1)(d)(i) the period for which property has been held by the sheriff, any time between the date on which an interpleader summons in respect of the property is taken out and the date on which the proceedings on the summons are finally disposed of, settled or discontinued shall not be taken into account.
 (3) For the purposes of paragraph (1)(g):
 (a) where leave is given by a court to enforce an award made on a submission to arbitration, being an award under which money is payable by a debtor to another person:
 (i) the award shall be deemed to be a final order obtained by that person against the debtor; and
 (ii) the arbitration proceedings shall be deemed to be the proceeding in which that final order was obtained; and
 (b) a judgment or order that is enforceable as, or in the same manner as, a final judgment obtained in an action shall be deemed to be a final judgment so obtained and the proceedings in which, or in consequence of which, the judgment or order was obtained shall be deemed to be the action in which it was obtained; and
 (d) a person who is for the time being entitled to enforce a final judgment or final order for the payment of money shall be deemed to be a creditor who has obtained a final judgment or final order; and
 (e) a judgment or order for the payment of money made by the Court in the exercise of jurisdiction conferred on it by this