CTHRepealedAct
Bankruptcy Act 1924
Appointment of qualified persons as trusAppointment of qualified persons as trustees.
Start here
Get a plain-English read of Appointment of qualified persons as trus
Turn the raw legal text into a practical explanation grounded in Bankruptcy Act 1924.
### Appointment of qualified persons as trustees.
E.B.A., s. 19.
Cf. Vic. ss. 72, 74.
N.S.W., s. 21.
Q., s. 92.
S.A., ss. 122, 123.
W.A., s. 20.
Tas., s. 13.
128.—(1.) Where a sequestration order is made against a debtor, the creditors may, by resolution, at the first or any subsequent meeting of creditors, appoint the official receiver or some person registered as qualified to act as trustee, to fill the office of trustee of the property of the bankrupt, and the Registrar shall issue to any trustee so appointed a certificate of appointment in the prescribed form.
N.S.W., s. 22.
(2.) On the application of any creditor any trustee so appointed (other than an official receiver), may, in relation to that particular property, be required by the Court to give security to its satisfaction in the prescribed manner.
Cf. W.A., s. 83.
(3.) If one-sixth in value of the creditors notify to the Court that they object to any appointment made under this section, on the ground—
(a) that it has not been made in good faith by a majority in value of the creditors voting, or
(b) that the person appointed is not fit to act as trustee, or
(c) that his connexion with or relation to the bankrupt or his estate or any particular creditor is likely to make it difficult for him to act with impartiality in the interests of the creditors generally,
the Court may cancel the appointment and order that some other person registered as qualified to act as a trustee be appointed by the creditors.
(4.) The appointment of a trustee in regard to the estate of the bankrupt shall take effect as from the date of the certificate of appointment issued by the Registrar.