Bankruptcy Act 1966
Sections and provisions with full text and the judgments that cite each one.
Section 59A — Orders to which sections 58 and 59 are subject
Sections 58 and 59 have effect subject to an order under: (a) Part VIII, VIIIAB or VIIIC of the Family Law Act 1975; or (b) Part 5A of the Family Court Act 1997 (WA).
Section 60 — Stay of legal proceedings
(1) The Court may, at any time after the presentation of a petition, upon such terms and conditions as it thinks fit: (a) discharge an order made, whether before or after the commencement of this…
Section 61 — Actions by bankrupt partner’s trustee
(1) Where a member of a partnership becomes a bankrupt, the Court may, upon the application of the trustee, authorize the trustee to commence and prosecute any action in the names of the trustee and…
Section 62 — Actions on joint contracts
Where a bankrupt is a contractor in respect of a contract jointly with another person or other persons, that person or those persons may sue or be sued in respect of the contract without the joinder…
Section 63 — Death of bankrupt
Where a bankrupt dies before he or she is discharged from the bankruptcy, the proceedings in bankruptcy shall, unless the Court otherwise directs, be continued, so far as they are capable of being…
Section 73 — Composition or arrangement
(1) Where a bankrupt desires to make a proposal to his or her creditors for: (a) a composition in satisfaction of his or her debts; or (b) a scheme of arrangement of his or her affairs; he or she may…
Section 73B — Declaration of relationships by proposed trustee of composition or scheme of arrangement
(1) This section applies if the proposal provides that a person (the proposed trustee) other than the trustee of the bankrupt’s estate is to become the trustee of the composition or scheme of…
Section 74 — Annulment of bankruptcy
(1) If the proposal is accepted by a special resolution of creditors at a meeting held in accordance with the Insolvency Practice Rules, the bankruptcy is annulled, by force of this subsection, on…
Section 74A — Variation of composition or scheme of arrangement
(1) This section applies to a composition or scheme of arrangement that has been accepted in accordance with this Division. Variation by special resolution of creditors (2) The creditors, with the…
Section 75 — Effect of composition or scheme of arrangement
(1) Subject to this section, a composition or scheme of arrangement accepted in accordance with this Division is binding on all the creditors of the bankrupt so far as relates to provable debts due…
Section 76 — Application of Part VIII and Schedule 2 to trustee of a composition or arrangement
(1) Part VIII and Schedule 2 apply, with any modifications prescribed by the regulations, in relation to the trustee of a composition or scheme of arrangement under this Division as if the debtor…
Section 76B — Setting aside and termination of a composition or scheme of arrangement
Sections 222 to 222D, 224 and 224A apply, with such modifications (if any) as are prescribed by the regulations, in relation to a composition or scheme of arrangement under this Division as if: (a)…
Section 77 — Duties of bankrupt as to discovery etc. of property
(1) A bankrupt shall, unless excused by the trustee or prevented by illness or other sufficient cause: (a) forthwith after becoming a bankrupt, give to the trustee: (i) all books (including books of…
Section 77A — Access by trustee to books of associated entity
(1) Where a trustee is conducting under section 19AA an investigation relating to a person (in this section called the bankrupt), subsections (2) and (3) of this section apply. (2) For the purposes…
Section 77AA — Access by Official Receiver and others to premises
(1) The Official Receiver, or an officer authorised in writing by the Official Receiver to exercise powers under this section, is entitled at all reasonable times to full and free access to all…
Section 77CA — Power of Official Receiver to obtain statement of affairs
The Official Receiver may, by written notice given to a bankrupt, require the bankrupt to give the Official Receiver a statement of the bankrupt’s affairs within 14 days after receiving the notice.…
Section 77C — Power of Official Receiver to obtain information and evidence
(1) The Official Receiver may, by written notice given to a person, require the person to do one or more of the following: (a) give the Official Receiver information the Official Receiver requires…
Section 77D — Allowances and expenses in respect of attendance
(1) Subject to this section, a person who attends before the Official Receiver, or before an authorised officer, under subsection 77C(1) is entitled: (a) to be paid by the Official Receiver an…
Section 77E — Advance on account of allowances and expenses
(1) If a person who is required by a notice under subsection 77C(1) to attend before the Official Receiver or an authorised officer is entitled under subsection 77D(1) to be paid an allowance and to…
Section 77F — Allowances and expenses to be paid out of bankrupt’s estate
If the evidence that a person gives, or the books that a person produces, under section 77C, relate to matters concerning the bankruptcy of a particular person, any amount payable to the…
Section 78 — Arrest of debtor or bankrupt
(1) Where it is made to appear to the Court: (a) that a debtor against whom a bankruptcy notice has been issued or a petition has been presented has absconded, or is about to abscond, with a view to…
Section 80 — Notification of change in name, address or day-time telephone number
(1) If during a bankruptcy a change occurs in the bankrupt’s name or in the address of the bankrupt’s principal place of residence, the bankrupt must immediately tell the trustee in writing of the…
Section 81 — Discovery of bankrupt’s property etc.
(1) Where a person (in this section called the relevant person) becomes a bankrupt, the Court or a Registrar may at any time (whether before or after the end of the bankruptcy), on the application…
Section 81A — Issue of notices
(1) If the Official Receiver has reason to believe that: (a) information relevant to the examinable affairs of a bankrupt is: (i) known (whether exclusively or otherwise) by a person outside…
Section 81B — Extension of period of notice
(1) Upon written application made by the person to whom the offshore information notice was given within the period set out in that notice, the Official Receiver, by written notice given to that…
Section 81C — Variation of notices
(1) If: (a) an offshore information notice (in this subsection called the first notice) was given to a person; and (b) during the period set out in the first notice (including a period set out by…
Section 81D — Withdrawal of notices
(1) The Official Receiver may withdraw an offshore information notice. (2) If the Official Receiver withdraws an offshore information notice, the withdrawal does not prevent the Official Receiver…
Section 81E — Notices may be included in same document
An offshore information notice may be contained in the same document as a notice under section 77C.
Section 81F — Relationship between this Division and section 77C
Nothing in this Division affects the operation of section 77C and nothing in section 77C affects the operation of this Division.
Section 81G — Effect of non-compliance with notice
(1) In this section: relevant proceeding means a proceeding: (a) for the recovery of an amount payable by a bankrupt under section 139ZG; or (b) for the recovery of an amount payable by a person…
Section 82 — Debts provable in bankruptcy
(1) Subject to this Division, all debts and liabilities, present or future, certain or contingent, to which a bankrupt was subject at the date of the bankruptcy, or to which he or she may become…
Section 83 — Debt not to be considered proved until admitted
For the purposes of this Act, a creditor shall be taken not to have proved a debt until a proof of debt lodged by him or her in respect of that debt has been admitted.
Section 84 — Manner of proving debts
(1) Subject to this Division, a creditor who desires to prove a debt in a bankruptcy shall lodge, or cause to be lodged, with the trustee a proof of debt in accordance with this section. (2) A proof…
Section 85 — Proof by employees
(1) Where it appears from the bankrupt’s statement of affairs that he or she is indebted to numerous persons employed by him or her for wages or salary, the debts may be proved by one of those…
Section 86 — Mutual credit and set-off
(1) Subject to this section, where there have been mutual credits, mutual debts or other mutual dealings between a person who has become a bankrupt and a person claiming to prove a debt in the…
Section 87 — Deduction of discounts
In proving a debt, a creditor shall make an allowance for all discounts for which an allowance would have been made if the debtor had not become a bankrupt.
Section 88 — Apportionment to principal and interest of payments made before bankruptcy
A payment made by a debtor to a creditor before the debtor became a bankrupt and representing in part principal and in part interest shall, notwithstanding any agreement to the contrary, be deemed,…
Section 89 — Apportionment where security realized before or after bankruptcy
(1) Where a debt that consisted partly of principal and partly of interest was secured and the security has been realized before the debtor became a bankrupt, the proceeds of the realization shall,…
Section 90 — Proof of debt by secured creditor
(1) A secured creditor is entitled to prove the whole or a part of his or her secured debt in the debtor’s bankruptcy in accordance with the succeeding provisions of this Division, and not otherwise.…
Section 91 — Redemption of security by trustee etc.
(1) Where a secured creditor has lodged a proof of debt in respect of the balance due after deducting the estimated value of his or her security, the trustee may at any time redeem the security on…
Section 92 — Amendment of valuation
(1) Where a secured creditor has lodged a proof of debt in respect of the balance due after deducting the estimated value of his or her security, he or she may, at any time, apply to the trustee or…
Section 93 — Repayment of excess
(1) Where a creditor who has amended a proof of debt under section 92 has received, by way of dividend, any amount in excess of the amount to which he or she would have been entitled under the…
Section 94 — Subsequent realization of security
Where a secured creditor who has lodged a proof of debt in respect of the balance due after deducting the estimated value of his or her security subsequently realizes his or her security, or it is…
Section 95 — Proof in respect of distinct contracts
Where a person was, at the time when he or she became a bankrupt, liable in respect of distinct contracts as a member of 2 or more distinct firms, or as a sole contractor and also as a member of a…
Section 96 — Proof in respect of proportionate part of periodical payment
Where a person who is liable to make any periodical payments (including rent) becomes a bankrupt on a day other than a day on which such a payment becomes due, the person entitled to the payments may…
Section 97 — Production of bills of exchange and promissory notes
Where a creditor seeks to prove a debt in respect of a bill of exchange, promissory note or other negotiable instrument or security on which the bankrupt is liable, the proof of debt shall not,…
Section 98 — Amendment of proof of debt
(1) A creditor may, with the consent of the trustee, amend a proof of debt lodged by him or her. (2) This section does not authorize the amendment of the proof of debt of a secured creditor by…
Section 100 — Costs of proving debts etc.
(1) A creditor shall, unless the Court in the particular case otherwise orders, bear his or her own costs of proving a debt. (2) The costs in relation to the amendment of a proof of debt under…
Section 101 — Inspection of proofs by creditors etc.
(1) A creditor is entitled to examine at all reasonable times the proofs of debt of other creditors. (2) The trustee shall, upon request in writing by a creditor who has a provable debt, supply the…
Section 102 — Admission or rejection of proofs
(1) The trustee shall examine each proof of debt and the grounds of the debt sought to be proved and, subject to the power of the Court to extend the time, shall, not later than 14 days after the…