Hurt, David ,Re Hurt, David, Ex parte [1988] FCA 156

Hurt, David ,Re Hurt, David, Ex parte [1988] FCA 156

The applicant is qualified and fit to be registered as a trustee, but proposed fee-charging arrangements where the employer bills for the trustee's work are inconsistent with the statutory scheme and could detract from the trustee's independence. Registration is subject to the applicant rendering accounts in his own name and providing an undertaking accordingly.

Parties
Applicant: David Hurt; Respondent: Official Receiver
Jurisdiction
Australia
Judgment Date
29 March 1988
Procedural Posture
Application for Registration as Trustee in Bankruptcy / Judgment
Outcome
Registration of applicant as trustee granted, subject to undertaking as to remuneration arrangements.
Legal Topics
Registration as Trustee, Independence of Trustees, Remuneration Arrangements, Statutory Requirements for Trustees
Bankruptcy Registration as Trustee Independence of Trustees Remuneration Arrangements Statutory Requirements for Trustees

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Parties

David Hurt

Applicant

Official Receiver

Respondent

Procedural Posture

Application for Registration as Trustee in Bankruptcy / Judgment

Legal Issues

  1. 1 Whether an employee of a firm of accountants can demonstrate sufficient independence to be registered as a trustee in bankruptcy
  2. 2 Whether fee-charging arrangements whereby remuneration is billed in employer's name are consistent with statutory scheme and independence requirements

Ratio Decidendi

The applicant is qualified and fit to be registered as a trustee, but proposed fee-charging arrangements where the employer bills for the trustee's work are inconsistent with the statutory scheme and could detract from the trustee's independence. Registration is subject to the applicant rendering accounts in his own name and providing an undertaking accordingly.

Court Disposition

Registration of applicant as trustee granted, subject to undertaking as to remuneration arrangements.

Orders

  • Applicant to render all accounts for work done as trustee in his own name.
  • Applicant to enter into a bond in the sum of $100,000.00 with such surety or sureties as approved by the Registrar.