Acts of bankruptcy.Acts of bankruptcy.

### Acts of bankruptcy. E.B.A., s. 1. N.S.W., s. 4. Vic., s. 49. S.A., ss. 57–68. W.A., s. 4. Q., s. 44. Tas., s. 5. 52. A debtor commits an act of bankruptcy in each of the following cases:— (a) If in Australia or elsewhere he makes a conveyance or assignment of his property to trustees for the benefit of his creditors generally; (b) If in Australia or elsewhere he makes a fraudulent conveyance, gift, delivery, or transfer of his property, or of any part thereof; (c) If in Australia or elsewhere he makes any conveyance or transfer of his property or any part thereof, or creates any charge thereon which would, under this or any other Act be void as a preference or a fraudulent preference if he became bankrupt; (d) If with intent to defeat or delay his creditors he departs or remains out of Australia, or out of a State, or departs from his dwelling-house or usual place of business, or otherwise absents himself, or begins to keep house; (e) If execution against him has been levied by seizure of his goods under process in an action in any Court, or in any civil proceeding in any Court, and the goods have been either sold or held by the sheriff for seven days or if any such execution has been issued against him and has been returned unsatisfied: Provided that, where an interpleader summons has been taken out in regard to the goods, the time elapsing between the date on which the summons is taken out and the date on which the proceedings on such summons are finally disposed of, settled or abandoned, shall not be taken into account in calculating the period of seven days; (f) If he has been adjudged or declared bankrupt or insolvent by any Court in the King’s Dominions out of the Commonwealth having jurisdiction in bankruptcy or insolvency, in which case it shall not be necessary to produce any other evidence of the act of bankruptcy than a duly certified copy, under the seal of the Court, of the order of adjudication by which the debtor was declared or adjudged bankrupt or insolvent; (g) If, at any meeting of creditors, he consents to present a petition under this Part of this Act for the sequestration of his estate, and he does not, within forty-eight hours from the date of his consent, present the petition; (h) If, at any meeting of creditors, he admits that he is in insolvent circumstances and is requested by a resolution of a majority of the creditors present at the meeting to surrender his estate for administration in accordance with this Act, and he refuses so to surrender his estate; (i) If he files in the Court a declaration of his inability to pay his debts, or presents a bankruptcy petition against himself; (j) If a creditor has obtained a final judgment or final order against him for any amount, and execution thereon not having been stayed, has served on him in Australia or, by leave of the Court, elsewhere, a bankruptcy notice under this Act, and the debtor does not, within seven days or such time as is prescribed after service of the notice in Australia, or within the time limited in that behalf by the order giving leave to effect the service elsewhere, either comply with the requirements of the notice, or satisfy the Court that he has a counter-claim, set-off, or cross demand which equals or exceeds the amount of the judgment debt, and which he could not set up in the action or proceeding in which the judgment or order was obtained: N.S.W., s. 4 (7). E.B.A., s. 125 (2). Any person who is for the time being entitled to enforce a final judgment or final order for the payment of money shall be deemed a creditor who has obtained a final judgment within the meaning of this paragraph; and a final judgment or order against a married woman shall be deemed to be a final judgment or order within the meaning of this paragraph, notwithstanding the fact that no execution can issue at law on the judgment or order; (k) If he gives notice to any of his creditors that he has suspended, or that he is about to suspend payment of his debts; (l) If, at a meeting of creditors under Part XI. of this Act or some adjournment thereof, a resolution accepting a proposal for a composition or scheme, or for the execution by the debtor of a deed of assignment, or a resolution by a majority in value of the creditors present personally, by attorney, or by proxy that the meeting shall not be deemed an act of bankruptcy, be not duly passed, or if the debtor does not execute a deed of assignment pursuant to a resolution therefor within seven days after the passing of the resolution, or if a resolution accepting a proposal for a composition or scheme be not duly confirmed in accordance with section one hundred and sixty-one of this Act, or if the composition or scheme be rejected or annulled in pursuance of that section, or if a deed of assignment is declared void in pursuance of section one hundred and seventy-six of this Act. An act of bankruptcy mentioned in this paragraph shall be deemed to have been committed by the debtor on the day of the first meeting of creditors, and also, where the composition or scheme has been rejected or annulled or the deed has been declared void, on the date of the making of the order of rejection or annulment, or the declaration, as the case may be, provided— (i) that, except where the composition or scheme has been rejected or annulled or the deed has been declared void, a petition for sequestration is presented against the debtor within two months after the date of the first meeting of creditors; and (ii) that, where the composition or scheme has been rejected or annulled, a sequestration order is made against the debtor within seven days after the date of the order of rejection or annulment; and (iii) that, where the deed has been declared void, a sequestration order is made against the debtor within fourteen days after the date of the declaration.