Commonwealth Consolidated Acts Commonwealth Consolidated ActsPersons who may apply for an order
(1) The debtor (or the debtor's personal representative if the debtor has died), a creditor or the Official Receiver may apply to the Court for an order declaring that all, or a specified part, of a debt agreement is void.
Grounds for applying for an order
(2) A person mentioned in subsection (1) may apply for an order on one or more of the following grounds:
(a) there is doubt on a specific ground that all or part of the debt agreement was not made in accordance with this Part or does not comply with this Part;
(b) the statement of affairs lodged with the debt agreement was deficient because it omitted a material particular or because it was incorrect in a material particular;
(c) an administrator of the debt agreement has committed a breach of duty in relation to the agreement;
(d) if the administrator of the debt agreement is a registered debt agreement administrator--the administrator has breached a condition determined in an instrument under subsection 186F(4) or 186G(2B);
(e) if the administrator of the debt agreement is a registered trustee--the administrator has breached a condition imposed under section 20 - 35 of Schedule 2, to the extent that the condition relates to the administration of debt agreements.
Time limit on applying for an order
(3) A person cannot apply for an order declaring a debt agreement void after all the obligations created by the agreement have been discharged.
Simultaneous application for a sequestration order
(4) A creditor may include an application for a sequestration order in an application for an order declaring all or part of a debt agreement void.
Effect of applying for a sequestration order
(5) For the purposes of this Act, making an application for a sequestration order under subsection (4) is taken to be presenting a creditor's petition against the debtor, but subsection 43(1), sections 44 and 47, subsections 52(1) and (2) and Part XIA do not apply in relation to the application.