Document ID: chunk:federal_register_of_legislation:C2025C00167:section:222:p1
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 222 (pt 1/3)
Character Range: 711769–714518

222  Court may set aside personal insolvency agreement

Setting aside on grounds of unreasonableness etc.
 (1) If a personal insolvency agreement is in force, the Court may, on application by:
 (a) the Inspector‑General; or
 (b) the trustee; or
 (c) a creditor;
make an order setting the agreement aside if the Court is satisfied that:
 (d) the terms of the agreement are unreasonable or are not calculated to benefit the creditors generally; or
 (e) for any other reason, the agreement ought to be set aside.

Setting aside on grounds of non‑compliance with this Part etc.
 (2) If a personal insolvency agreement is in force, the Court may, on application by:
 (a) the Inspector‑General; or
 (b) the trustee; or
 (c) a creditor; or
 (d) the debtor;
make an order setting the agreement aside if the Court is satisfied that:
 (e) the agreement was not entered into in accordance with this Part; or
 (f) the agreement does not comply with the requirements of this Part.
 (3) The Court must not make an order setting aside a personal insolvency agreement on the ground that it does not comply with the requirements of this Part if the agreement complies substantially with those requirements.
 (4) The Court must not make an order under subsection (2) unless the application for the order is made before all the obligations that the personal insolvency agreement created have been discharged.

Setting aside on grounds of false or misleading information etc.
 (5) If a personal insolvency agreement is in force, the Court may, on application by:
 (a) the Inspector‑General; or
 (b) the trustee; or
 (c) a creditor;
make an order setting the agreement aside if the Court is satisfied that:
 (d) the debtor has given false or misleading information in answer to a question put to the debtor with respect to any of the debtor's conduct or examinable affairs at the meeting of creditors at which the resolution requiring the debtor to execute the agreement was passed; or
 (e) the debtor has:
 (i) omitted a material particular from the statement of the debtor's affairs given under subsection 188(2C) or (2D); or
 (ii) included an incorrect and material particular in that statement; or
 (f) the debtor was subject to a requirement under Division 75 of Schedule 2 (including rules made under that Division) to table a statement, and the debtor has:
 (i) omitted a material particular from that statement; or
 (ii) included an incorrect and material particular in that statement; or
 (g) the controlling trustee has:
 (i) omitted a material particular 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