Bankruptcy Act 1966
[ CCH Note: Modification Declaration FRLI No F2021L00261 ( Bankruptcy Regulations 2021 : FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Part VIII of the Act is modified by inserting Division 1A before Division 1:
]Division 1A - Interpretation
SECTION 154A INTERPRETATION
154A
In this Part, in its application to Part X , a reference to a registered trustee includes a reference to a controlling trustee and a trustee of a personal insolvency agreement.
The trustee of the estate of a bankrupt may sue and be sued by the prescribed official name and may, by that name, hold, dispose of or acquire property of every description, make contracts, enter into engagements binding on the trustee and his or her successors in office and do all other acts and things necessary or expedient to be done in the execution of his or her office.
[ CCH Note: Modification Declaration FRLI No F2021L00261 ( Bankruptcy Regulations 2021 : FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 161 of the Act is modified by inserting subsection (1A) after subsection (1):
]
161(1A)
This section does not apply in relation to a trustee of a personal insolvency agreement.
161(2)
For the purposes of subsection (1) , the prescribed official name is " The Trustee ( or Trustees) of the Property of (name of bankrupt) , a Bankrupt " .
161(3)
This section applies to proceedings under the Family Law Act 1975 or the Family Court Act 1997 (WA) in a corresponding way to the way in which it applies to a suit.
View history note
Hide history note161(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 or the Family Court Act 1997 (WA) 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.
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