Section 33A — Bankruptcy Act 1966 (Cth)

(1) If the Court is satisfied that a person believed on reasonable grounds that a statement of affairs that relates to the person’s bankruptcy was filed for the purposes of section 54, 55, 56B, 56F or 57 at a time before it was actually filed, the Court may order that the statement of affairs is to be treated as having been filed at a time before it was actually filed.

(2) If:

(a) the Court is satisfied that a person believed on reasonable grounds that a debtor’s petition that relates to the person’s bankruptcy had been presented before it was actually presented; and

(b) the debtor’s petition has been accepted by the Official Receiver;

the Court may order that the debtor’s petition is to be treated for the purposes of sections 149 and 149A as having been accepted by the Official Receiver at a time before it was actually accepted.

(3) The Court cannot make an order under subsection (1) or (2) that would result in the person being discharged from bankruptcy earlier than 30 days after the order is made.

(4) In this section:

filed includes presented, lodged or given.

Related sections

• s 31 — Exercise of jurisdiction
• s 32 — Costs
• s 33 — Adjournment, amendment of process and extension and abridgment of times
• s 34 — Orders and commissions for examination of witnesses
• s 34A — Standard of proof
• s 35 — Jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in bankruptcy where trustee is a party to property settlement or spousal maintenance proceedings etc.

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