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Wednesday, 11 November 1914

Senator BAKHAP (Tasmania) .- I move -

That sub-clause 2 be loft out.

Senator Findley - Why?

Senator BAKHAP - Because it is in conflict with clause 86.

Senator Gardiner - Senator Keating has just said that it is not in conflict.

Senator BAKHAP - I move the deletion of the sub-clause for reasons which seem to me to be sufficient, and which I believe will cause Judges in bankruptcy when this matter comes before them to make comments similar to those I have made here.

Amendment negatived.

Clause agreed to.

Clause 88 -

1.   Any settlement of property .... shall,

(i)   if the settlor becomes bankrupt within two years after the date of the settlement - be void ' against the trustee in the bankruptcy; and

(ii)   if the settlor becomes bankrupt at any subsequent time within ten years after the date of the settlement - be void against the trustee in the bankruptcy, unless the par- . ties claiming under the settlement can prove that the settlor was at the time of making the settlement able to pay all his debts without the aid of the property comprised in the settlement, and that the settlor's interest in the property passed to the trustee of the settlement on its execution.

4.   Nothing in this section shall affect or prejudice the title or interest of any person who, before sequestration, and without notice of the presentation of a petition, has bond fide and for value purchased or acquired, from the persons entitled to the benefit of the settlement, covenant, or contract, the money or property the subject thereof, or any interest in such money or property.....

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