Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 35

Court may assign bond and remove administrator

35. Court may assign bond and remove administrator





(1) On being satisfied that there has been negligence or maladministration of
the estate of which a person has obtained administration in the capacity of a
creditor or that the condition of any administration bond executed by any
person who has obtained administration in such capacity has been broken in any
substantial particular the Court-

   (a)  may order the registrar to assign the administration bond to a trustee
        company or any other person named in the order2; and





   (b)  may if the Court thinks fit remove such creditor from the position of
        administrator and appoint a trustee company or any other person to be
        named in the order administrator in place of the administrator so
        removed upon such terms and conditions as the Court thinks fit and may
        make all necessary orders for vesting the estate in the new
        administrator and as to accounts and such order as to costs as the
        Court thinks fit.

(2) Upon an appointment under paragraph (b) of the last preceding subsection,
the provisions of section 34(3) and (4) shall so far as appropriate apply as
if repeated in this section.

Division 5-Administration of assets