John Ransey Paul Partridge v John Ransey Paul Partridge (Applicants) [1982] FCA 316
The Court determined that Mr. Partridge could be registered as a trustee in bankruptcy provided he undertakes not to practise as an accountant while acting as trustee, to avoid conflicts of interest and to ensure impartiality as required by the office.
- Parties
- Applicant: John Ramsay Paul Partridge
- Jurisdiction
- Australia
- Judgment Date
- 22 September 1982
- Procedural Posture
- Application for Registration as Trustee in Bankruptcy / Decision on Application
- Outcome
- Application granted, subject to undertaking and bond.
- Legal Topics
- Registration of Trustee in Bankruptcy, Conflict of Interest in Professional Practice
Case Brief
Summary, issues, holding and outcome
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Parties
John Ramsay Paul Partridge
Applicant
Procedural Posture
Application for Registration as Trustee in Bankruptcy / Decision on Application
Legal Issues
- 1 Whether a practising solicitor may be registered as a trustee in bankruptcy in New South Wales
- 2 Whether simultaneous practice as solicitor and accountant creates unacceptable conflicts of interest
Ratio Decidendi
The Court determined that Mr. Partridge could be registered as a trustee in bankruptcy provided he undertakes not to practise as an accountant while acting as trustee, to avoid conflicts of interest and to ensure impartiality as required by the office.
Court Disposition
Application granted, subject to undertaking and bond.
Orders
- Upon the applicant, John Ramsay Paul Partridge, giving his personal undertaking to the Court that he will not until further order and whilst he is a registered trustee in bankruptcy act as an accountant, the Court orders that he be registered as qualified to act as a trustee according to the provisions of Part VIII...
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