Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Full Day's HansardDownload Full Day's Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Wednesday, 11 November 1914


Senator GARDINER (New South [Wales) (Vice-President of the Executive Council) . - To my mind the clause is quite clear and quite correct. The money is to be handed to the trustee-


Senator Bakhap - The sheriff has to hold it for fourteen days in expectation of a possible bankruptcy.


Senator GARDINER - Which is quite a reasonable expectation when other creditors are pressing.


Senator Bakhap - In another part of the Bill we have given the judgment creditor a preference. Now it is proposed . to prevent him getting the money immediately it is in the hands of the sheriff.


Senator GARDINER - The money is held by the sheriff only for a brief period. If, within that period, other creditors take action, they must all be paid in proportion to their proved debts.

SenatorLt.-Colonel Sir Albert Gould. -Why should the term be increased from seven to fourteen days ? Seven days is the term prescribed in the New South Wales Act.


Senator GARDINER - In matters of this kind it is well to recollect that we have to cover a bigger territory than New South Wales.

Senator Lt.-Colonel Sir ALBERTGOULD (New South Wales) [8.46].- 1 take it that we are not going to centralize everything in Melbourne. I presume that if judgment be obtained against a man in Western Australia the matter will be "dealt with in that State under the bankruptcy law of the Commonwealth. That being so, surely the term of seven days, which is that prescribed in the New South Wales Act, would be sufficient.







Suggest corrections