Document ID: chunk:federal_register_of_legislation:C2005C00495:clause:1_222:p2
Version: federal_register_of_legislation:C2005C00495
Segment Type: clause
Provision Reference: sch 1 cl 222 (pt 2/2)
Character Range: 46046–48502

from the declaration given by the controlling trustee under subsection 189A(3); or
 (ii) included an incorrect and material particular in that declaration; or
 (h) the controlling trustee was subject to a requirement under subsection 194A(5) to table a statement, and the controlling trustee has:
 (i) omitted a material particular from that statement; or
 (ii) included an incorrect and material particular in that statement; or
 (i) a person who became the trustee of the agreement has:
 (i) omitted a material particular from the declaration given by the person under subsection 215A(3) or (4); or
 (ii) included an incorrect and material particular in that declaration.

 (6) The Court must not make an order under subsection (5) unless it is satisfied that it would be in the interests of the creditors to do so.

 (7) The Court must not make an order under subsection (5) unless the application for the order is made before all the obligations that the personal insolvency agreement created have been discharged.

Ancillary orders

 (8) If the Court makes an order under subsection (1), (2) or (5), the Court may make such other orders as the Court thinks fit.

 (9) An order under subsection (8) may be an order directing a person to pay another person compensation of such amount as is specified in the order. This subsection does not limit subsection (8).

Application for sequestration order

 (10) The trustee or a creditor may include in an application under subsection (1), (2) or (5) an application for a sequestration order against the estate of the debtor. If the Court, on the first‑mentioned application, makes an order under this section setting the personal insolvency agreement aside, it may, if it thinks fit, immediately make the sequestration order sought.

 (11) The making of an application by the trustee or a creditor for a sequestration order under this section is taken, for the purposes of this Act, to be equivalent to the presentation of a creditor's petition against the debtor, but the provisions of subsection 43(1), sections 44 and 47, subsections 52(1) and (2) and Part XIA do not apply in relation to such an application.

Court may dispense with service on debtor of notice of application

 (12) The Court may, if it thinks fit, dispense with service on the debtor of notice of an application by the Inspector‑General, the trustee or a creditor under this section, either unconditionally or subject to conditions.