Walker, Re J.F. Walker, Ex Parte J.F. [1986] FCA 397

BI7

Bankruptcy - application for registration as a trustee under Part

VIII Division 1 of Bankruptcy Act - academic and prcfessional requirements prescribed in s.155(3A)(a)i1). (121i) and (111) - applicant not qualified in terms of sub-para.(1i) - whether

requirements in sub-paras.(1) and (ii) alternative or cumulative

Bankruptcy Act 1966 Part VIII Division 1 Bankruptcy Rules r.61A

RE: JOHN FRANCIS WALKER

EX PARTE: JOHN FRANCIS WALKER - Applicant

No. ART3 of 1986

TOOHEY J. PERTH

5 SEPTEMBER 1986

RECEIVED = 8 SEP 1986

FEDERAL COURT AUSTRALIA OF

PRINCIPAL REGISTAY

Ti THE FOORPAR Toner QE AUETRALIA

GENERAL OLVISIOON BANKRUPTCY DISTETCT WF THE STATE oF WESTEFN ASVSTRALIA

FE: JOHN ERANCTS WALKEP

EX PARTE: JOHN FRANCIS WALKER

Applicant

GORAM: TOOHEY J.

5 September 1386

REASONS FOR JUDGMENT

This is an application for reqistration as a trustee under Part VIII Division 1 of the Bankruptcy Act 1966. It is the first application made to this registry of the Court since $5.155(3A) and 155(3B) came into operation. These sections were pact of the substantial amendments made to Part VIII Division 1 by Act No. 21 of 1985 which commenced on 19 Mav 1986. So far as [I am aware, there has been no reported decision of this Court on the

implications of those amendments.

As Part VIII Division 1 stood before the recent amendments. sub-s.155(2) enabled a person to apply to the Court to be reaistered as qualified to act as a trustee and empowered the Court to direct that he be so reqistered upon his entering into a bond as prescribed. No academic or indeed any other

qualifications were demanded by the Act and the matter lay verv

much within the discretion of the Court. Sub-section 155(3A)

lls gue & number of redquicements where an application 15

now oP

aD

made; they are 2xpressed in the followina terms:

"(a) the applicant - ois is a member otf a prescribed bodv: