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Published by Andrew Lacey
Sep 28, 2020 in Insolvency

What happens to a family provision claim in bankruptcy?

Upon bankruptcy, section 60(2) of the Bankruptcy Act 1966 (Cth) (Act) operates to protect those whom the bankrupt was suing, by staying the proceedings until such time as the trustee in bankruptcy elects whether to continue to prosecute the action or to abandon it. That election must be made within 28 days after the Trustee is put on notice of the proceedings. The rationale behind the section is to prevent the scenario wherein a costs order made...
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