Official Trustee in Bankruptcy v Mateo [2003] FCAFC 26

FEDERAL COURT OF AUSTRALIA

Official Trustee in Bankruptcy v Mateo [2003] FCAFC 26 BANKRUPTCY – Transaction allegedly void against Official Trustee – Transfer of husband's one-half interest in matrimonial home pursuant to consent orders made by Family Court of Australia – Whether s 121 of the Bankruptcy Act has application to a transfer effected by/or pursuant to an order of the Family Court - Whether transferred legal interest has more than a nominal value following the Family Court orders – Discussion of difficulty in relating non-financial matrimonial contributions to market value of a property – Relationship between application under Bankruptcy Act and application to vary or set aside the Family Court order under s 79A of Family Law Act. Bankruptcy Act 1966 (Cth) ss 120, 121, 139ZQ, 139ZS. Family Law Act 1975 (Cth) ss 79, 79A. OFFICIAL TRUSTEE IN BANKRUPTCY v CORAZON BES MATEO, JEREMY MATEO, JENNIFER JOY MATEO and JUSTIN JAMES MATEO N 310 of 2002 WILCOX, BRANSON and MERKEL JJ 28 FEBRUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 310 of 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY

APPELLANT

AND: CORAZON BES MATEO

FIRST RESPONDENT

JEREMY MATEO

SECOND RESPONDENT

JENNIFER JOY MATEO

THIRD RESPONDENT

JUSTIN JAMES MATEO

FOURTH RESPONDENT

JUDGES: WILCOX, BRANSON and MERKEL JJ

DATE OF ORDER: 28 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The matter of costs be reserved. 3. The parties have leave to file submissions concerning any application for costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.