Bankruptcy Regulations 2021

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

Note:

See section 71 .


Bankruptcy Act 1966

22   Subsection 81(1)  
Repeal the subsection, substitute:


(1)
At any time during or after the administration under Part XI of the estate of a deceased debtor (the relevant person ), the Court may, on the application of:


(a) a person (a creditor ) who has or had a debt provable in the administration; or


(b) the trustee of the estate of the relevant person; or


(c) the Official Receiver;

summon an examinable person in relation to the estate of the relevant person for examination in relation to the administration.



(1AA)
For the purposes of subsection (1):

examinable person
, in relation to an estate of the relevant person, means:


(a) a person who is believed to be indebted to the estate; or


(b) a person who may be able to give information about the relevant person or the examinable affairs of the relevant person; or


(c) a person who has possession of books that may relate to:


(i) the relevant person; or

(ii) the examinable affairs of the relevant person; or

(iii) the estate; or


(d) the executor under the relevant person ' s will; or


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

of the relevant person ' s estate, or a part of that estate.



 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.