The bankruptcy trustee will investigate matters pertaining to the estate of the insolvent individual. As part of this procedure, they will determine the applicant's assets and liabilities. In addition to documenting their findings, they will establish trust accounts and financial records to manage the estate.
The law imposes significant obligations on the Trustee in this regard.
Australian law, specifically the Bankruptcy Act of 1966, defines and empowers the role of a trustee. Therefore, they are required by law to execute their daily duties for both the bankrupt and their creditors. They are required to be diligent in their work practices and must be able to demonstrate that administrative responsibilities are performed meticulously in accordance with the applicable laws.
The Inspector General is responsible for appointing trustees, who must pass a series of examinations beforehand. These tests include demonstrating the knowledge, experience, skills, and abilities necessary to carry out the responsibilities of the position in accordance with the law.
This includes demonstrating the required level of commercial acumen (since they must operate a business) and adequate communication skills, such as negotiation, arbitration, counseling, and advocacy. Moreover, unbiased and ethical behavior is required, and this must be demonstrated.
In many instances, each applicant must undergo an examination.
Every application must be submitted to the Inspector General. The application is referred to a select committee, which includes the Inspector General, which will evaluate the applicant's qualifications. They are the ultimate decision-making body.
When a Trustee is employed, they must demonstrate that they can perform their duties without being influenced by their supervisor. They must be capable of functioning independently. Therefore, they must be able to demonstrate that they are not influenced by their supervisor in their work with bankruptcy applicants.
Clearly, the function of Trustee in bankruptcy is crucial and carries a great deal of responsibility. Their role can have a significant impact on people's lives, and they must operate with due diligence and professionalism.""
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