Walker, Re J.F. Walker, Ex Parte J.F. [1986] FCA 397

Walker, Re J.F. Walker, Ex Parte J.F. [1986] FCA 397

Membership of a prescribed body as per s.155(3A)(a)(i) of the Bankruptcy Act 1966 is sufficient qualification for registration as a trustee; sub-paragraphs (i) and (ii) are alternatives, not cumulative.

Parties
Applicant: John Francis Walker
Jurisdiction
Australia
Judgment Date
05 September 1986
Procedural Posture
Bankruptcy Trustee Registration Application / Judgment on Application
Outcome
Application granted
Legal Topics
Trustee Registration, Academic and Professional Qualifications, Interpretation of S.155(3 A) Bankruptcy Act
Bankruptcy Trustee Registration Academic and Professional Qualifications Interpretation of S.155(3 A) Bankruptcy Act

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Parties

John Francis Walker

Applicant

Procedural Posture

Bankruptcy Trustee Registration Application / Judgment on Application

Legal Issues

  1. 1 Whether requirements in s.155(3A)(a)(i) and (ii) of the Bankruptcy Act are alternative or cumulative
  2. 2 Whether the applicant satisfies the prescribed qualifications for registration as a trustee under the Bankruptcy Act

Ratio Decidendi

Membership of a prescribed body as per s.155(3A)(a)(i) of the Bankruptcy Act 1966 is sufficient qualification for registration as a trustee; sub-paragraphs (i) and (ii) are alternatives, not cumulative.

Court Disposition

Application granted

Orders

  • Applicant to be registered as a trustee upon entering into a bond in the prescribed amount and manner with sureties approved by the Registrar.