Federal Court of Australia
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JUDGMENT No. |\S@ 7Se__.
CATCHWORDS
BANKRUPTCY - registration as trustee - employee in firm of accountants - need for independence - status as officer of the
Court - fee charging arrangements - fees to be charged by employer for work done by trustee - inconsistent with statutory scheme - possibly unlawful - detracting from independence - registration
subject to undertaking in relation to charging arrangements.
Bankruptcy Act 1966 Companies (Western Australia) Code
Lewis on Bankruptcy 8th Edition p.28 Ethical Rulings : Institute of Chartered Accountants in Australia: para.22
Bankruptcy Rules Lamb v Registrar in Bankruptcy for the State of Victoria (1984) 56
ALR 521 Re Ladyman (A debtor) (1981) 38 ALR 631
Re Bridal Centre Co. Pty Ltd and The Companies Ordinance 1962 (1985) 55 ACTR 1
Da & Dent Constructions Pty Ltd (In Lig.) v Registrar of Companies (1984) 32 NTR 13
Martin v Powning (1868) 38 LUJR.Ch. 212 Re Condon. Ex parte James [1874-80] All E.R. Rep. 388 £x parte Simmonds In Re Carnac (1885) 16 QBD 308
In Re Tyler Ex parte The O cial Receiver [1907] 1 KB 865 In Re Thellusson [1919] 2 KB 735
Scranton's Trustee v Pearse [1922] 2 Ch. 87
Re: DAVID HURT EX PARTE: DAVID HURT ART 1] OF 19
FRENCH J. PERTH 29 MARCH 1988
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
eee ew
NO. ART 1 of 1987
Re : DAVID HURT
EX PARTE: DAVID HURT Applicant
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 29 MARCH 1988
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. Upon the written undertaking of the applicant to be filed herein, to render all accounts for work done by him as a trustee as accounts in his own name, and upon his entering into a bond in the sum of $100,000.00 with such surety or sureties as 1S or are approved by the Registrar, the applicant be registered as a Trustee in
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