Section 128J — Bankruptcy Act 1966 (Cth)

(1) If the Court, on application by:

(a) a person to whom a superannuation account‑freezing notice has been given; or

(b) the member whose superannuation interest is affected by a superannuation account‑freezing notice; or

(c) any other interested person;

is satisfied that the Official Receiver did not have reasonable grounds to believe that:

(d) the relevant transaction is void against the trustee of a bankrupt’s estate under section 128B or 128C; and

(e) either:

(i) the whole or a part of the relevant member’s superannuation interest is attributable to the transaction; or

(ii) 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.

(2) A superannuation account‑freezing notice that has been set aside is taken not to have been given.

Related sections

• s 128F — Revocation of superannuation account‑freezing notice
• s 128G — Copy of superannuation account‑freezing notice to be given to trustee etc.
• s 128H — Consent of Official Receiver to the cashing etc. of a superannuation interest
• s 128K — Judicial enforcement of superannuation account‑freezing notices
• s 128L — Protection of trustee of eligible superannuation plan
• s 128M — References to a member of an eligible superannuation plan

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