Document ID: chunk:federal_register_of_legislation:C2025C00167:section:40:p4
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 40 (pt 4/5)
Character Range: 157201–159683

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 Act shall be deemed to be a judgment or order the execution of which has not been stayed notwithstanding that it may not be enforceable at law by execution; and
 (f) an order made after the commencement of this paragraph under the Family Law Act 1975 for the payment by a person of arrears of maintenance for another person shall be deemed to be a final order against the first‑mentioned person obtained by the other person; and
 (g) an order made after the commencement of this paragraph under the Family Court Act 1997 (WA) for the payment by a person of arrears of maintenance for another person shall be deemed to be a final order against the first‑mentioned person obtained by the other person.
 (4) The act of bankruptcy specified in paragraph (1)(j) shall be deemed to be committed on the day on which the notices calling the meeting are delivered or sent to the creditors or, if they are not all delivered or sent on the one day, on the day on which the last of the notices is so delivered or sent.
 (5) The act of bankruptcy specified in paragraph (1)(l) shall be deemed to be committed on the day after the day on which the period within which the agreement is required to be executed by the debtor or the period within which the petition is required to be presented, as the case may be, expires.
 (6) The act of bankruptcy specified in paragraph (1)(m) shall be deemed to be committed on the day on which the agreement is set aside or terminated, as the case may be.
 (7) The act of bankruptcy specified in paragraph (1)(n) shall be deemed to be committed on the day on which the composition or scheme of arrangement is set aside or terminated.
 (7A) For the purposes of paragraph (1)(o):
 (a) transfer of property includes a payment of money; and
 (b) a person who does something that results in another person becoming the owner of property that did not previously exist is taken to have transferred the property to the other person.
 (8) This section applies, so far as it is capable of application, in relation to acts and things done or occurring, and omissions and failures to do acts or things occurring, before, or partly before and partly after, the commencement of this Act, as well as to acts and things done or occurring, and omissions and failures to do