Document ID: chunk:federal_register_of_legislation:C2025C00167:section:41:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 41 (pt 2/2)
Character Range: 162012–163734

he or she takes such action as would have constituted compliance with the notice if the amount due had been correctly specified in it.
 (6A) Where, before the expiration of the time fixed for compliance with a bankruptcy notice:
 (a) proceedings to set aside a judgment or order in respect of which the bankruptcy notice was issued have been instituted by the debtor; or
 (b) an application has been made to the Court to set aside the bankruptcy notice;
the Court may, subject to subsection (6C), extend the time for compliance with the bankruptcy notice.
 (6C) Where:
 (a) a debtor applies to the Court for an extension of the time for complying with a bankruptcy notice on the ground that proceedings to set aside a judgment or order in respect of which the bankruptcy notice was issued have been instituted by the debtor; and
 (b) the Court is of the opinion that the proceedings to set aside the judgment or order:
 (i) have not been instituted bona fide; or
 (ii) are not being prosecuted with due diligence;
the Court shall not extend the time for compliance with the bankruptcy notice.
 (7) Where, before the expiration of the time fixed for compliance with a bankruptcy notice, the debtor has applied to the Court for an order setting aside the bankruptcy notice on the ground that the debtor has such a counter‑claim, set‑off or cross demand as is referred to in paragraph 40(1)(g), and the Court has not, before the expiration of that time, determined whether it is satisfied that the debtor has such a counter‑claim, set‑off or cross demand, that time shall be deemed to have been extended, immediately before its expiration, until and including the day on which the Court determines whether it is so satisfied.