Question
Hamish was a famous artist. He became bankrupt on 1st February 2019 when a sequestration order was made. The bankruptcy petition was based on Hamish's
Hamish was a famous artist. He became bankrupt on 1st February 2019 when a sequestration order was made. The bankruptcy petition was based on Hamish's failure to comply with a bankruptcy notice on 27th November 2018.
Hamish had the following debts.
General and Trade creditors $1.5 million.
Money owing to Samantha, a former employee, being $5,000 for wages and $2,000 for long service leave.
Unpaid taxation deduction for Samantha's wages and superannuation $2,000.
Unpaid Child support for his son Heke $150,000.
The costs of the petitioning creditor and the trustee total $10,000 each
Hamish died on 28th February 2019.His funeral and cremation expenses totalled $8,000
The trustee has located the following assets.
Cash in Hamish's bank account $20,000 (proceeds of auction)
Paintbrushes and art material $3,800
Paintings $85,000 (not the ones sold at auction)
Life insurance policy of $50,000 taken out in 1998.
The trustee discovers the following facts:
On 10th August 2013 Hamish had settled $10,000 on Pania in anticipation of their marriage. The marriage took place on 11th August 2007. Pania died on January 21st 2018.$10,000 was spent on funeral expenses.On 15th March 2018 Hamish gave Goldi a painting worth $50,000.On June 1st 2018, Hamish was issued with a bankruptcy notice.On 25th June 2016 Hamish sold his Jaguar car worth $25,000.00 to Goldi for $100.00. On 30th January 2019 Hamish sold at public auction paintings he thought to be worth $200,000.The paintings realised only $20,000 and were bought by Hamish's mother.
Required:
Stating legislative provisions the Bankruptcy Act 1966 (Cth) and appropriate case law, where possible, advise the trustee what debts have priority and how much each will receive.(10 Marks)
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