Bankruptcy and Family Law Legislation Amendment Act 2005 (20 of 2005)

Schedule 1   Amendments relating to the interaction between family law and bankruptcy law

Part 1   Amendments

Bankruptcy Act 1966

8   At the end of section 161

Add:

(3) This section applies to proceedings under the Family Law Act 1975 in a corresponding way to the way in which it applies to a suit.

(4) If:

(a) a person (the first trustee ) ceases to be the trustee of a bankrupt's estate; and

(b) proceedings to which the first trustee was a party were pending under the Family Law Act 1975 immediately before the cessation; and

(c) another person (the second trustee ) becomes the first trustee's successor in office;

the second trustee is, by force of this subsection, substituted for the first trustee as a party to the proceedings.