Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) During a member's protected period, a bankruptcy notice must not be issued, and a creditor's petition must not be presented, in relation to the member or a dependant of the member if the notice or petition relates to a debt that arose before the start day of the relevant defence service.
(2) Subsection (1) does not apply to a person who has leave of a court with jurisdiction in bankruptcy or insolvency to issue the notice or present the petition.
(3) The court must not grant leave unless the court is satisfied that, having regard to all the circumstances of the case (including the conduct and financial position of the member or dependant, and of the applicant), it would be inequitable to refuse to grant leave.