Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 149D

Grounds of objection

In force
Part VIIDischarge and annulment
Division 2Discharge by operation of law
Subdivision BObjections

149D Grounds of objection

(1)

The grounds of objection that may be set out in a notice of objection are as follows:

(a)

the bankrupt has, whether before, on or after the date of the bankruptcy, left Australia and has not returned to Australia;

(aa)

any transfer is void against the trustee in the bankruptcy because of section 120 or 122;

(ab)

any transfer is void against the trustee in the bankruptcy because of section 121;

(ac)

any transfer is void against the trustee in the bankruptcy because of section 128B;

(ad)

any transfer is void against the trustee in the bankruptcy because of section 128C;

(b)

after the date of the bankruptcy, the bankrupt contravened section 206A of the Corporations Act 2001 (disqualification from managing corporations);

(c)

after the date of the bankruptcy the bankrupt engaged in misleading conduct in relation to a person in respect of an amount that, or amounts the total of which, exceeded $3,000;

(d)

the bankrupt, when requested in writing by the trustee to provide written information about the bankrupt’s property, income or expected income, failed to comply with the request;

(da)

after the date of the bankruptcy, the bankrupt intentionally provided false or misleading information to the trustee;

(e)

the bankrupt failed to disclose any particulars of income or expected income as required by a provision of this Act referred to in subsection 6A(1) or by section 139U;

(f)

the bankrupt failed to pay to the trustee an amount that the bankrupt was liable to pay under section 139ZG;

(g)

at any time during the period of 5 years immediately before the commencement of the bankruptcy, or at any time during the bankruptcy, the bankrupt:

(i)

spent money but failed to explain adequately to the trustee the purpose for which the money was spent; or

(ii)

disposed of property but failed to explain adequately to the trustee why no money was received as a result of the disposal or what the bankrupt did with the money received as a result of the disposal;

(h)

while the bankrupt was absent from Australia he or she was requested by the trustee to return to Australia by a particular date or within a particular period but the bankrupt failed to return by that date or within that period;

(ha)

the bankrupt intentionally failed to disclose to the trustee a liability of the bankrupt that existed at the date of the bankruptcy;

(i)

the bankrupt has failed, whether intentionally or not, to disclose to the trustee a liability of the bankrupt that existed at the date of the bankruptcy;

(ia)

the bankrupt failed to comply with subparagraph 77(1)(a)(ii);

(j)

the bankrupt failed to comply with paragraph 77(1)(bb) or (bc) or subsection 80(1);

(k)

the bankrupt refused or failed to sign a document after being lawfully required by the trustee to sign that document;

(l)

the bankrupt failed to attend a meeting of his or her creditors without having first obtained written approval of the trustee not to attend or without having given to the trustee a reasonable explanation for the failure;

(m)

the bankrupt failed to attend an interview or examination for the purposes of this Act without having given a reasonable explanation to the trustee for the failure;

(ma)

the bankrupt intentionally failed to disclose to the trustee the bankrupt’s beneficial interest in any property;

(n)

the bankrupt failed, whether intentionally or not, to disclose to the trustee the bankrupt’s beneficial interest in any property.

(2)

This section has effect subject to section 304A.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.