Commonwealth Consolidated Acts

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Trustee may act in official name

             (1)  The trustee of the estate of a bankrupt may sue and be sued by the prescribed official name and may, by that name, hold, dispose of or acquire property of every description, make contracts, enter into engagements binding on the trustee and his or her successors in office and do all other acts and things necessary or expedient to be done in the execution of his or her office.

             (2)  For the purposes of subsection (1), the prescribed official name is "The Trustee ( or Trustees) of the Property of ( name of bankrupt ), a Bankrupt".

             (3)  This section applies to proceedings under the Family Law Act 1975 or the Family Court Act 1997 (WA) in a corresponding way to the way in which it applies to a suit.

             (4)  If:

                     (a)  a person (the first trustee ) ceases to be the trustee of a bankrupt's estate; and

                     (b)  proceedings to which the first trustee was a party were pending under the Family Law Act 1975 or the Family Court Act 1997 (WA) immediately before the cessation; and

                     (c)  another person (the second trustee ) becomes the first trustee's successor in office;

the second trustee is, by force of this subsection, substituted for the first trustee as a party to the proceedings.

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