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COMMONWEALTHAct
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s 19

Duties etc. of trustee

In force
Part IIAdministration
Division 1General

19 Duties etc. of trustee

(1)

The duties of the trustee of the estate of a bankrupt include the following:

(a)

notifying the bankrupt’s creditors of the bankruptcy;

(b)

determining whether the estate includes property that can be realised to pay a dividend to creditors;

(c)

reporting to creditors within 3 months of the date of the bankruptcy on the likelihood of creditors receiving a dividend before the end of the bankruptcy;

(e)

determining whether the bankrupt has made a transfer of property that is void against the trustee;

(f)

taking appropriate steps to recover property for the benefit of the estate;

(g)

taking whatever action is practicable to try to ensure that the bankrupt discharges all of the bankrupt’s duties under this Act;

(h)

considering whether the bankrupt has committed an offence against this Act;

(i)

referring to the Inspector‑General or to relevant law enforcement authorities any evidence of an offence by the bankrupt against this Act;

(j)

administering the estate as efficiently as possible by avoiding unnecessary expense;

(k)

exercising powers and performing functions in a commercially sound way;

(l)

the duties imposed on the trustee under Schedule 2.

(2)

Where a person who became a bankrupt on a creditor’s petition is unable to prepare a proper statement of affairs, the trustee may employ, at the expense of the estate, a qualified person to assist in the preparation of the statement.

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