Prevention of proceedings relating to debts
(1) While a debt agreement is in force and details of it are entered on the National Personal Insolvency Index, a creditor cannot: (a) present a creditor’s petition against the debtor; or (b) 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 (c) 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. (2) 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) a maintenance agreement; (b) a maintenance order; (c) a proceeds of crime law. (3) While a debt agreement is in force and details of it are entered on the National Personal Insolvency Index: (a) 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 (b) 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.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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