Bankruptcy Act 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 1 - Proof of debts  

SECTION 104   APPEAL AGAINST DECISION OF TRUSTEE IN RESPECT OF PROOF  

104(1)    

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A creditor, or the bankrupt, may apply to the Court for review of a decision of the trustee under subsection 102(1) , (3) or (4) in respect of a proof of debt.

[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)

Subsection 104(1) of the Act is modified by substituting " legal personal representative of the deceased debtor " for " bankrupt " .]

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History

S 104(1) substituted by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 76 and 215, applicable to trustee decisions that are made after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A. S 104(1) formerly read:

104(1)
A creditor who is dissatisfied with a decision of the trustee under subsection 102(1), (3) or (4) in respect of a proof of debt may apply to the Court to review the decision.

S 104(1) amended by No 12 of 1980, s 48.

104(2)    
The Court may, upon the application, confirm, reverse or vary the decision of the trustee.

104(3)    
Subject to the power of the Court to extend the time, an application under this section to review a decision shall not be heard by the Court unless it was made within 21 days from the date on which the decision was made.

[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)

Section 104 of the Act is modified by inserting subsection (4):

104(4)
In this section:

legal personal representative
, of a deceased debtor, means:

(a) the executor under the deceased debtor ' s will; or

(b) the administrator under letters of administration or court order;

of the deceased debtor ' s estate, or a part of that estate.

]

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