Prevention of proceedings relating to debts
185K Prevention of proceedings relating to debts
While a debt agreement is in force and details of it are entered on the National Personal Insolvency Index, a creditor cannot:
present a creditor’s petition against the debtor; or
proceed further with a creditor’s petition that was presented against the debtor before details of the debt agreement were entered in the Index; or
enforce a remedy against the debtor’s person or property, or start or take a fresh step in legal proceedings, in respect of a provable debt.
Paragraph (1)(c) does not prevent a creditor from enforcing a remedy against the debtor or the debtor’s property for a liability under one or more of the following:
a maintenance agreement;
a maintenance order;
a proceeds of crime law.
While a debt agreement is in force and details of it are entered on the National Personal Insolvency Index:
a sheriff must not take action, or further action, to execute, or sell property under, any process issued by a court to enforce payment of a provable debt owed by the debtor; and
a person who is entitled under a law of the Commonwealth, or of a State or Territory, to retain or deduct money from money that is or will be owing or payable to the debtor must not retain or deduct money.
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