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Joint Committee on Legislation debate -
Friday, 24 May 1985

SECTION 63.

Question proposed: "That section 63 stand part of the Bill."

This section re-enacts the present law. It provides that the Official Assignee shall not be liable (a) by any reason of any of the matters on which the adjudication was grounded being insufficient to support the adjudication or (b) in respect of his receipt of any property provided he has dealt with it in accordance with the directions of the court or the provisions of the Act or the rules of court.

Under the 1857 Act the Official Assignee is not personally liable for acts done in the execution of his duty and if he is made a defendant in certain cases the court may set aside the proceedings — sections 65 and 66 of that Act. In addition, no action for any dividend can be brought against any assignee but if the assignees refuse to pay it the court may order payment with interest and costs — section 293 — and no action can be brought against persons acting in obedience to a warrant of the court — section 327. The protection afforded the Official Assignee under the existing provisions is re-enacted in substance in section 63. Section 29 indemnifies persons acting under warrant.

Question put and agreed to.
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