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Wednesday, 18 November 1914

Senator SENIOR (South Australia) . - My only objection to the amendment is to the special mention of the bankrupt, which, I think, would have the effect of restricting its operation. I am prepared to admit that, in many cases, the employment of the bankrupt in the sale of goods, or to continue the business of the estate, would be an advantage to the creditors, but there might be cases in which the very employment of the bankrupt would be detrimental to the settlement of the estate. I should like Senator Keating to submit his amendment in such a form that the trustee would be in a position to employ any person, including the bankrupt.

Senator Keating - I have no objection to that.

Senator GARDINER(New South Wales - Vice-President of the Executive

Council) [4.36]. - I hope that Senator Keating will not press his amendment. There might be occasions upon which its effect would be to expedite the business of an estate, but there are other occasions on which the creditors would be entitled to be consulted. I remind honorable senators that the bankrupt could be employed by permission of the Court, or permission of the creditors, and usually there would not be such a hurry in connexion with the settlement of an estate that any loss would be sustained by delay in securing permission of the Court or of the creditors. What the honorable senator proposes might be advantageous in some cases, but the amendment would be attended by the danger that very often what is done quickly is not done in the right way. Under clause 97 the trustee may secure the permission of the Court or of the creditors to employ the debtor in the way proposed. I would ask honorable senators not to agree to the amendment, unless they feel very strongly concerning its advantages.

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