BANKRUPTCY ACT 1966

PART VIII - TRUSTEES  

Division 1 - Appointment and official name  

SECTION 161   TRUSTEE MAY ACT IN OFFICIAL NAME  

161(1)   [Trustee may act in official name]  

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.

161(2)   [Official name]  

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)   [Proceedings under Family Law Act]  

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.

161(4)   [Successor trustee]  

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.




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