Power of Court to set aside superannuation account‑freezing notice
128J Power of Court to set aside superannuation account‑freezing notice
If the Court, on application by:
a person to whom a superannuation account‑freezing notice has been given; or
the member whose superannuation interest is affected by a superannuation account‑freezing notice; or
any other interested person;
is satisfied that the Official Receiver did not have reasonable grounds to believe that:
the relevant transaction is void against the trustee of a bankrupt’s estate under section 128B or 128C; and
either:
the whole or a part of the relevant member’s superannuation interest is attributable to the transaction; or
the trustee of the bankrupt’s estate has made an application for a section 139ZU order that relates to the transaction and the relevant member’s superannuation interest;
the Court may make an order setting aside the notice.
A superannuation account‑freezing notice that has been set aside is taken not to have been given.
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