FEDERAL COURT OF AUSTRALIA
BANKRUPTCY – TRUSTEES – Extension of registration – where applicant failed to apply for extension of registration within time period prescribed by s 155D of the Bankruptcy Act 1966 – whether court has power to extend time limit under s 33(1)(c) of Bankruptcy Act 1966 – effect of extension of s 155D(a) time limit.
Bankruptcy Act 1966 (Cth) – ss 33(1)(c), 155D, 159 and 160
Ian Richard Hall v Inspector-General in Bankruptcy
QG 7397 of 1998
Dowsett J
Brisbane
16 October 1998
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IN THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
IAN RICHARD HALL Applicant
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AND: |
INSPECTOR-GENERAL IN BANKRUPTCY Respondent
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DATE OF ORDER: |
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WHERE MADE: |
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THE COURT ORDERS THAT:
1. The time limited pursuant to s 155D(a) of the Bankruptcy Act 1966 (as amended) for the applicant to apply to the Inspector-General for an extension of his registration as a trustee, be extended pursuant to s 33(1)(c) of the said Act, until Monday, 9 November 1998.
2. Upon the Inspector-General exercising the power conferred by s 155D pursuant to the applicant’s application for an extension of his said registration, such registration will be renewed for a period of three years from 29 June, 1998.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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BETWEEN: |
Applicant
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AND: |
INSPECTOR-GENERAL IN BANKRUPTCY Respondent
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JUDGE: |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT
The applicant, Ian Richard Hall was, prior to 29 June this year, a registered trustee for the purposes of the Bankruptcy Act 1966 (as amended). The period of his registration expired on that date. Pursuant to s 155D of the Bankruptcy Act 1966, he was obliged to make any application for extension of his registration prior to expiry thereof.
However, for reasons which have been explained, and which are accepted as inadvertent, he did not do so. The section itself makes no provision for an extension of time, and prima facie, that would lead to the conclusion that it is necessary that he make an application for re-registration. However, s 33 provides relevantly as follows:-
“(1) The court may:-
(a) .....
(b) .....
(c) extend before its expiration or, if this Act does not expressly provide to the contrary, after its expiration, any time limited by this Act, or any time fixed by the Court or the Registrar under this Act ..... for doing an act or thing or abridge any such time.”
There seems to be little doubt that this section applies to confer upon the court a power to extend the time prescribed by s 155D even after the expiry of that period. I understand that orders have previously been made in exercise of that power. I am satisfied to make such an order, and I therefore order that the time limit pursuant to s 155D(a) of the Bankruptcy Act 1966 for the applicant to apply to the Inspector-General for an extension of his registration as trustee, be extended pursuant to s 33(1)(c) of the Bankruptcy Act 1966 until Monday, 9 November 1998, thereby allowing the applicant to apply for an extension of his registration as trustee despite the fact that the time for applying for such an extension expired on 29 June 1998.
As I understand it the power to be exercised by the Inspector-General pursuant to the order which I have just made will be to extend the registration for three years from the expiry of the previous registration, that is 29 June this year. As I understand there to be some concern in the office of the Inspector-General as to the effect of an extension pursuant to s 33 when it is applied to s 155D, I would therefore also be willing to declare that upon the Inspector-General exercising the power conferred by s 155D pursuant to the present applicant's application for an extension of his registration, such registration will be renewed for a period of three years from 29 June 1998.
One other matter has arisen in the course of argument, and I will mention it only to make it clear that I have not dealt with it. Pursuant to s 160, upon there ceasing to be a registered trustee as acting as trustee of an estate, the Official Trustee becomes trustee thereof. One would assume, although the matter has not been argued, that upon the present applicant ceasing to be a registered trustee, the Official Trustee took his place in respect of those estates in which he was then involved.
The question is what will happen upon his registration being extended. It may be that it will be necessary for the procedure prescribed by s 159 to be followed, but I expressly refrain
from dealing with that matter as counsel for the applicant has not asked me to do so at this stage.
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I certify that this and the preceding one (1) pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. |
Associate:
Dated: 16 October 1998
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Counsel for the Applicant: |
Mr John Bond |
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Solicitor for the Applicant: |
Allen Allen & Hemsley |
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Mr Digby Ross (Official Receiver) appeared on behalf of the Respondent. |
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Date of Hearing: |
16 October 1998 |
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Date of Judgment: |
16 October 1998 |
