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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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