Section 53 — Bankruptcy Act 1966 (Cth)

(1) Where 2 or more members of a partnership or 2 or more joint debtors have become bankrupts, the Court may consolidate the proceedings upon such terms as it thinks fit.

(2) Where the Court makes an order under subsection (1), section 110 applies in the administration under this Act of all of the estates to which the order relates.

(3) Where the Court makes an order under subsection (1) in relation to the estates of 2 or more bankrupts, the Court may, in the order:

(a) declare a specified date to be, for the purpose of the application of the provisions of Division 3 of Part VI in the administration of the joint estate, the date on which all the petitions relevant to the administration of those estates shall be deemed to have been presented;

(b) declare a specified date to be, for that purpose, the date of the bankruptcy in respect of each of those estates; and

(c) declare a specified time to be, for that purpose, the time that is the commencement of the bankruptcy in respect of all those estates;

and, if the Court does so, those estates shall be administered accordingly.

Related sections

• s 50 — Taking control of debtor’s property before sequestration
• s 51 — Costs of prosecuting creditor’s petition
• s 52 — Proceedings and order on creditor’s petition
• s 54 — Bankrupt’s statement of affairs
• s 54A — Presentation of declaration
• s 54B — When debtor disqualified from presenting declaration

Research how courts apply s 53

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