CTHRepealedAct
Bankruptcy Act 1924
Public examination of bankrupt after seqPublic examination of bankrupt after sequestration order.
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### Public examination of bankrupt after sequestration order.
E.B.A., s. 15.
N.S.W., s. 18.
Vic., ss. 221, 222.
S.A., s. 88.
W.A., s. 14.
68.—(1.) Where the Court makes a sequestration order, it may, within such time thereafter as it directs, hold a sitting, on a day to be appointed by the Court, for the examination of the bankrupt, and the bankrupt shall attend thereat, and shall be examined as to his conduct, trade dealings, property and affairs.
(2.) The examination (if any) shall be held in public and as soon as conveniently may be after the expiration of the time for the submission of the bankrupt’s statement of affairs.
(3.) The Court may adjourn the examination from time to time.
(4.) Any creditor whose proof has been admitted, or his representative authorized in writing, may question the bankrupt.
(5.) The official receiver may take part in the examination of the bankrupt, and for that purpose, if specially authorized by the Registrar, may employ a barrister solicitor or attorney.
(6.) If a trustee is appointed before the conclusion of the examination, he may take part therein.
(7.) The Court may put or allow such questions to be put to the bankrupt as it thinks fit.
(8.) The bankrupt shall be examined upon oath, and he shall answer all such questions as the Court puts or allows to be put to him.
(9.) Such notes of the examination as the Court thinks proper shall be taken down in writing, and, after being read over either to or by the bankrupt and signed by him, may be used in evidence against him, and shall be open, at all reasonable times, to the inspection of the official receiver, the trustee, the bankrupt or any creditor of the bankrupt, or the agent of any such person, without fee, and to the inspection of any other person, on payment of the prescribed fee.
(10.) Any person who untruthfully states that he is the official receiver, the trustee, the bankrupt or a creditor of the bankrupt or the agent of any such person and is allowed, by virtue of that
statement, to inspect the notes of the examination without payment of the prescribed fee, shall be guilty of an offence.
Penalty: Five pounds.
(11.) Where the bankrupt is a lunatic, or suffers from any such mental or physical affliction or disability as in the opinion of the Court makes him unfit or unable to attend the examination, the Court may make an order dispensing with his examination, or directing that he be examined on such terms, in such manner, and at such place as the Court thinks fit.