Priorities.Priorities.

Priorities.

84.—(1.) Subject to the next succeeding sub-section, sections ninety-three, one hundred and twelve and one hundred and twenty-two of this Act the trustee shall apply the estate of the bankrupt in the following order of priority—

4 and 5 Geo. V., c. 47, s. 21.

(a) Firstly, where a deed of assignment under Part XI. of this Act or where a deed of arrangement entered into under Part XII. of this Act is avoided by reason of the bankruptcy, in payment of the expenses properly incurred by the trustee under the deed in the performance of any of the duties imposed on him by this Act;

(b) Secondly, in payment of the remuneration of the trustee;

(c) Thirdly, in payment of the taxed costs of the petitioning creditor incurred in proceedings in the sequestration of the estate;

E.B.A., s. 130 (6).

Vic., s. 55 (3).

W.A., s. 114 (6).

(d) Fourthly, in the case of the estate of a deceased debtor, in payment of the proper funeral and testamentary expenses incurred by the legal personal representative of the deceased debtor;

E.B.A., s. 33.

N.S.W., s. 48.

Vic., s. 188.

Q., s. 143.

S.A., ss. 201–2.

W.A., s. 38.

Tas., s. 31.

(e) Fifthly, in payment of all wages or salary of any clerk, servant, labourer or workman (not being the wife, husband, child, parent, brother or sister of the bankrupt), not exceeding Fifty pounds, whether payable per time or piece work, in respect of services rendered to the bankrupt within four months before the date of the sequestration order;

(f) Sixthly, in payment of all amounts, not exceeding in any individual case Two hundred pounds, due in respect of compensation under any Act or State Act or law of a Territory relating to the payment of compensation where in any employment personal injury by accident arising out of, and in the course of, the employment, is caused to any workman, the liability wherefor accrued before the date of the order of sequestration:

Provided that where the employer has entered into a contract with insurers in respect of any liability under any such Act or State Act or law of a Territory to any workman this paragraph shall not apply.

(g) Seventhly, in payment, to an apprentice or articled clerk to the bankrupt, of such sum as is payable under section eighty-seven of this Act;

(h) Eighthly, in payment of all municipal or other local rates due from the bankrupt at the date of the order of sequestration and having become due and payable within twelve months next preceding that date; and all assessed land tax and income tax, assessed under any Act or State Act prior to the date of the order of sequestration and not exceeding in the whole one year’s assessment; and in repayment of any advance made to the bankrupt, or in payment of any amount owing by the bankrupt for goods