An undischarged bankrupt is competent to bring proceedings in his own name after bankruptcy; the Bankruptcy Act 1966 (Cth) contains no express or implied prohibition on doing so. However, a bankrupt may lack standing where the causes of action have vested in the trustee as divisible property. The question of whether causes of action constitute divisible property or are traceable to protected money under s 116 requires full factual investigation and cannot be determined on a summary application.
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