Re Hurt, D. v. Ex parte Hurt, D. [1987] FCA 437

Re Hurt, D. v. Ex parte Hurt, D. [1987] FCA 437

Although employee status does not automatically preclude registration as a trustee, the applicant must establish to the Court's satisfaction that arrangements exist to safeguard his independence, particularly regarding the disposition of trusteeship fees and awareness of potential conflicts of interest.

Parties
Applicant: David Hurt; Respondent: Official Receiver
Jurisdiction
Australia
Judgment Date
14 August 1987
Procedural Posture
Application for Registration as Trustee in Bankruptcy / Adjournment Pending Further Evidence
Outcome
Adjourned for further evidence
Legal Topics
Registration of Trustee, Independence of Trustee, Employee Trustee, Bankruptcy Administration
Bankruptcy Registration of Trustee Independence of Trustee Employee Trustee Bankruptcy Administration

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Parties

David Hurt

Applicant

Official Receiver

Respondent

Procedural Posture

Application for Registration as Trustee in Bankruptcy / Adjournment Pending Further Evidence

Legal Issues

  1. 1 Whether an employee of an accounting firm may be registered as a trustee under the Bankruptcy Act 1966 and possess sufficient independence to discharge the duties of a trustee.
  2. 2 What factors are relevant in assessing the independence of an employee trustee for registration purposes.

Ratio Decidendi

Although employee status does not automatically preclude registration as a trustee, the applicant must establish to the Court's satisfaction that arrangements exist to safeguard his independence, particularly regarding the disposition of trusteeship fees and awareness of potential conflicts of interest.

Court Disposition

Adjourned for further evidence

Orders

  • The hearing of the motion be adjourned to Wednesday 19 August 1987 at 10.15 am.