Part X – Personal Insolvency Agreements (s188)

BANKRUPTCY ACT 1966 – SECT 188

Debtor may authorise trustee or solicitor to be controlling trustee

             (1)  A debtor who desires that his or her affairs be dealt with under this Part without his or her estate being sequestrated and:

                     (a)  is personally present or ordinarily resident in Australia;

                     (b)  has a dwelling-house or place of business in Australia;

                     (c)  is carrying on business in Australia, either personally or by means of an agent or manager; or

                     (d)  is a member of a firm or partnership carrying on business in Australia by means of a partner or partners or of an agent or manager;

may sign an authority in accordance with the approved form naming and authorising a registered trustee, a solicitor or the Official Trustee to call a meeting of the debtor‘s creditors and to take control of the debtor‘s property.

             (2)  An authority signed by a debtor under this section is not effective for the purposes of this Part unless:

                     (a)  if the person authorised is a registered trustee or solicitor–the person has consented in writing to exercise the powers given by the authority; and

                    (aa)  if the person authorised is the Official Trustee–an Official Receiver has given the debtor written approval to name the Official Trustee in the authority.

       (2AA)  If the person authorised is a registered trustee or a solicitor, then, before the person consents to exercise the powers given by the authority, the person must give the debtor the information prescribed by the regulations.

       (2AB)  If the person authorised is the Official Trustee, then, before the Official Receiver gives approval to name the Official Trustee in the authority, the Official Receiver must give the debtor the information prescribed by the regulations.

          (2A)  The regulations may prescribe the circumstances in which a person (other than the Official Trustee or a registered trustee) is ineligible to act as a controlling trustee under this Part.

          (2B)  An authority signed by a debtor under this section is not effective for the purposes of this Part if, at the time the authority is signed, the person authorised:

                     (a)  is not the Official Trustee or a registered trustee; and

                     (b)  is ineligible, under the regulations, to act as a controlling trustee under this Part.

          (2C)  If the person authorised is a registered trustee or solicitor, the authority signed by the debtor under this section is not effective for the purposes of this Part unless, before the person authorised consents to exercise the powers given by the authority, the debtor gives to the person authorised:

                     (a)  a statement of the debtor‘s affairs; and

                     (b)  a proposal for dealing with them under this Part.

Note:          Section 6A sets out requirements for statements of affairs.

          (2D)  If the person authorised is the Official Trustee, the authority signed by the debtor under this section is not effective for the purposes of this Part unless, before an Official Receiver gives approval to name the Official Trustee in the authority, the debtor gives to the Official Receiver:

                     (a)  a statement of the debtor‘s affairs; and

                     (b)  a proposal for dealing with them under this Part.

Note:          Section 6A sets out requirements for statements of affairs.

          (2E)  A proposal for dealing with the debtor‘s affairs under this Part must include a draft personal insolvency agreement.

Note:          Section 188A sets out requirements for personal insolvency agreements.

             (3)  An authority under this section that is effective for the purposes of this Part is not revocable by the debtor.

             (4)  Subject to subsection 192(1), a debtor cannot give an authority within 6 months of giving another authority, unless the Court grants leave to do so.

             (5)  A registered trustee or solicitor who consents to exercise the powers given by an authority must, within 2 business days of consenting, give a copy of:

                     (a)  the authority; and

                     (b)  the debtor‘s statement of affairs;

to the Official Receiver.

             (6)  When an authority becomes effective, the person authorised by it becomes the controlling trustee.

Source: http://classic.austlii.edu.au/au/legis/cth/consol_act/ba1966142/s188.html

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Ralph Paligaru – quick profile

ralph paligaru

revised in part on 15 and 16 December 2020 by Mark Smith

Ralph Ignatius Paligaru (“Ralph“) is the director of Dural Alliances Pty Ltd (in liquidation) and Mills Management (Fiji) Pte Ltd

Ralph charged his shares in these 2 companies to my company DCP Litigation Holdings Pty Ltd (secured by 2 duly perfected PPSR’s).

Public interest

Ralph purports to have connections to people in high public offices in Fiji – Cabinet Ministers having, he claims, attended Marist College as a Schoolboy in Fiji where he has said that he formed relationships with persons later coming to occupy, as I mentioned, high public offices in Fiji. It is believed that some of these connections include to persons within the Reserve Bank of Fiji, Fiji Hardwood Corporation and a number of Government Departments. It is believed therefore that some of this profile and other blog materials may be of public interest to those trading with persons and dealing with government officials, in some instances, in Fiji as well as interest to foreign persons providing aid, trade or other support to Fiji. This profile may also be of interest to Australians – Australia contributes a substantial sum of aid to Fiji and naturally as a sovereign nation we have an interest in the good governance of the Country of Fiji – one of our closest neighbours together with an interest in efficient and proper utilisation of Australia’s Aid provided to Fiji. Regrettably, Fiji, it is reported, has a problem with corruption along with other countries within the region. This profile and other blog materials and article may also be in the public interest of persons from or interested in India. The public interest of Australia may also be involved – Ralph and his former employer (discussed on this blog, a man named Mohan Kumar) lobbied and received Visa’s and other legitimate benefits from officials and public office holders in Australia.

Employment

Ralph, as mentioned above, is the director of Dural Alliances Pty Ltd (in liquidation) and Mills Management (Fiji) Pte Ltd. Mills Management (Fiji) Pte Ltd presently has a lease or operating agreement over the Dreketi Timber Mill in Dreketi, Labasa, Fiji.

Species harvested are believed to include: Monkey Pod, Pine, Mahogany and others.

Previously, Ralph (as admitted by Ralph’s lawyer, John Mahony of Mahony Law) managed the affairs in Australia of a person referred to as Mohan Kumar.

Ralph Paligaru - Mohan Kumar's Australian Manager
Ralph Paligaru – Mohan Kumar’s Australian Manager

It has been widely report – view the profile of Mohan Kumar to see links to many of the reports – that Mohan Kumar is in fact a notorious multiple murderer and Indian gangster known by the moniker Chhota Rajan born under the name of Rajendra Sadashiv Nikalje. It has been reported that Chhota Rajan was involved in more than 20 murders – view report.

Ralph entered into a Heads of Agreement, whilst employed by Mohan Kumar, with Craig Adams of Bargo Developments. A copy of the signed Heads of Agreement is viewable here – click link.

Trustees / Powers of Attorney

Ralph was appointed by Mohan Kumar as power of attorney on or about 5 October 2015. To view a copy of the power of attorney – click here.

The Power of Attorney was officially registered in NSW on 19 October 2015 under reference: Bk 4696 no 891.

The Power of Attorney does not contain express provisions through which Ralph Paligaru is entitled to confer personally upon benefit/s.

It is not suggested Ralph was not entitled to the usual benefits of employment including money. Ralph no doubt carried out a number of instructions as per the wishes of the grantor – we do not deny otherwise.

Ralph (as admitted by Ralph’s lawyer, John Mahony of Mahony Law) managed the affairs in Australia of a person referred to as Mohan Kumar.

Ralph Paligaru - Mohan Kumar's Australian Manager
Ralph Paligaru – Mohan Kumar’s Australian Manager

Social connections

Twitter: https://twitter.com/ralphpaligaru

Facebook:

Phone: +61 403 247005

email: ralphpaligaru@gmail.com

Family: Spouse, Amreeta Paligaru – facebook

Lawyer: John Mahony of Mahony Law

Photos

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