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COMMONWEALTHAct
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s 110

Application of estates of joint debtors

In force
Part VIAdministration of property
Division 2Order of payment of debts
Subdivision AGeneral

110 Application of estates of joint debtors

(1)

In the case of joint debtors, whether partners or not, the joint estate shall be applied in the first instance in payment of their joint debts, and the separate estate of each joint debtor shall be applied in the first instance in payment of his or her separate debts.

(2)

If there is a surplus in the case of any of the separate estates, it shall be dealt with as part of the joint estate and if there is a surplus in the case of the joint estate, it shall be dealt with as part of the respective separate estates in proportion to the right and interest of each joint debtor in the joint estate.

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