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Wednesday, 23 March 1966


Mr SNEDDEN (Bruce) (AttorneyGeneral) . - The amendments I propose to move in this group of clauses concern clauses 39, 40, 56 and 58, the relevant portions of which read" -

Clause 39. (1.) Notwithstanding anything contained in any other Act, an appeal does not lie to the High Court from a judgment, order (not being a sequestration order) or sentence of the Court given, made or pronounced under this Act except by leave of the Court or of the High Court. (2.) Notice of an appeal or application for leave to appeal shall be filed in the office of the Registrar for the District in which the judgment, order or sentence was given, made or pronounced within seven days after notice of the appeal or application for leave to appeal has been filed in the High Court or other Court.

Clause 40. (1.) A debtor commits an act of bankruptcy in each of the following cases: -

(e)   if, at a meeting of any of his creditors, he consents to present a debtor's petition under this Act and does not present the petition within seven days from the date on which he so consented;

Clause 56. (I.) A debtor's petition against a partnership may be presented to the Registrar by a majority of those members of the partnership who are resident in Australia at the time of the presentation of the petition. (2.) Where a debtor's petition is presented against a partnership by partners not comprising all the members of the partnership, the Registrar shall not accept the petition or the statement of affairs accompanying it but shall refer them to the Court. (3.) Upon such a reference, the Court may order that the petition and the statement of affairs be accepted by the Registrar or may dismiss the petition. (4.) If the Court orders that the petition and statement of affairs be accepted by the Registrar, paragraphs (a) and (b) of sub-section (3.) of the last preceding section apply as if the petition had been presented by all the partners. (5.) Where a debtor's petition presented against a partnership is accepted by the Registrar in pursuance of the last preceding sub-section, each partner resident in Australia, not being a partner by whom the petition was presented, shall, within fourteen days after the date on which the petition is accepted by the Registrar, make out and file in the office of the Registrar a statement of his affairs in accordance with the prescribed form and verified by affidavit. (6.) If a person required by the last preceding sub-section to make out and file a statement of his affairs fails to file that statement in accordance with that sub-section he is guilty of contempt of court.

Clause 58. (2). Where a law of the Commonwealth or of a State or Territory of the Commonwealth requires the transmission of property to be registered and enables The Official Trustee in Bankruptcy or the trustee to be registered as the owner of any such property that is part of the property of the bankrupt, that property, notwithstanding that it vests in equity in The Official Receiver in Bankruptcy or the trustee, as the case may be, by virtue of this section, does not so vest at law until the requirements of that law have been complied with.

I seek leave to move the four amendments together.







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