Bankruptcy Regulations 2021

SCHEDULE 4 - MODIFICATIONS UNDER PART XI OF THE ACT - ADMINISTRATION OF ESTATES OF DECEASED PERSONS  

Note:

37   Subsection 109A(1)  
Repeal the subsection, substitute:

(1)
If:

(a) a contract of employment with a person who has since died and whose estate is being administered under Part XI was subsisting immediately before the day of the person ' s death; or

(b) a contract of employment with the trustee, in the trustee ' s capacity as trustee, of an estate that is being administered under Part XI was subsisting immediately before the day of the order for the administration;

the employee under the contract is, whether or not the employee is a person referred to in subsection (2), entitled to payment under section 109 as if the employee ' s employment had been terminated:

(c) in the case that paragraph (a) applies:

(i) by the person; and

(ii) on the day;

mentioned in that paragraph; or

(d) in the case that paragraph (b) applies:

(i) by the trustee; and

(ii) on the day;

mentioned in that paragraph.