Section 128A — Bankruptcy Act 1966 (Cth)

The following is a simplified outline of this Subdivision:

• This Subdivision enables the recovery of superannuation contributions made to defeat the bankrupt’s creditors.

• There are 2 types of recoverable contributions:

(a) contributions made by a person who later becomes a bankrupt (see section 128B);

(b) contributions made by a third party for the benefit of a person who later becomes a bankrupt (see section 128C).

• Superannuation accounts may be frozen for up to 180 days pending the taking of recovery action under section 139ZQ or 139ZU.

Related sections

• s 126 — Dealings with undischarged bankrupt in respect of after‑acquired property
• s 127 — Limitation of time for making claims by trustee etc.
• s 128 — Notice to trustee where identity of vendor etc. with bankrupt in doubt
• s 128B — Superannuation contributions made to defeat creditors—contributor is a person who later becomes a bankrupt
• s 128C — Superannuation contributions made to defeat creditors—contributor is a third party
• s 128D — Time for making claims by trustee

Research how courts apply s 128A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.