George Christensen (Dawson, National Party) Share this | Link to this | Hansard source

asked the Attorney-General, in writing, on 2 March 2011.

In respect of Bankruptcy Number 5091/1998 of Queensland, why did the Official Receiver of the Insolvency Trustee Service of Australia sign the applicant's debtor's petition when on page

(a) 9 of that petition, it showed a District Court judgement and costs order of 1 September 1998 against the applicant, and

(b) 19 of that petition,

(i) it showed two District Court actions against the applicant,

(ii) the applicant was asked to provide all summonses and writs to the trustee and therefore should have shown the Official Receiver that there was one summons to appear in Townsville Court on 9 October 1998, and a writ for possession of the applicant's assets,

(iii) it showed the applicant's assets had been transferred to the applicant's own trustee company for $1 406 000 on 25 September 1998, and

(iv) it showed that the applicant had gained a cash surplus of $360 000 as a result of a transfer of assets which was allegedly invested in a superannuation fund on 25 September 1998.

Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

The answer to the honourable member's question is as follows:

I am advised by the Insolvency and Trustee Service Australia (ITSA) that a debtor's petition signed by the bankrupt (Bankruptcy Number 5091/1998) and dated 7 October 1998 was presented under subsection 55(1) of the Bankruptcy Act 1966 ('the Act') to ITSA on 9 October 1998 and accepted by the Official Receiver's delegate at 9.48am on that date. The petition was endorsed accordingly as required by subsection 55(4A) of the Act.

The petition was not rejected under subsection 55(3) of the Act, which sets out when the Official Receiver may reject a petition, as it complied with the approved form, was accompanied by a Statement of Affairs which the Official Receiver's delegate did not consider to be inadequate. I am advised there were no grounds on which it could be legally rejected by the Official Receiver.