State of Victoria v Mansfield [2003] FCAFC 154

FEDERAL COURT OF AUSTRALIA

State of Victoria v Mansfield [2003] FCAFC 154 BANKRUPTCY – whether parking infringement penalties are provable debts – whether the penalties were imposed by an order of a court – whether the Court could stay legal process for the enforcement of parking infringement penalties registered under Pt 2 Sch 7 of the Magistrates' Court Act 1989 (Vic) WORDS AND PHRASES – "penalties or fines imposed by a court" Bankruptcy Act 1966 (Cth), ss 60(1) and 82 Magistrates' Court Act 1989 (Vic), s 99 and Sch 7 Road Safety Act 1986 (Vic), ss 77(2)(b), 86, 87, 89 Storey v Lane (1981) 147 CLR 549 applied Re Bradbury; ex parte The King; The Official Receiver (1931) 3 ABC 204 considered Re Curtis; ex parte The Deputy Commissioner of Taxation; The Official Receiver [1951] St R Qd 246 referred to Cameron v The Secretary of the Department of Justice (unreported, Supreme Court of Victoria, 28 October 1994) considered St Kilda City Council v Kenyon (1993) 18 MVR 349 referred to Zaffiro v Springvale City Council (unreported, Supreme Court of Victoria, 28 March 1996) referred to Alpay v Hargreaves (unreported, Supreme Court of Victoria, 29 October 1998) referred to In re Savundra [1973] 3 All ER 406 referred to R. v Governor of Her Majesty's Gaol, Coburg; Ex parte Coman [1962] VR 375 considered Commonwealth of Australia, Report of the Committee Appointed by the Attorney-General of the Commonwealth to Review the Bankruptcy Law of the Commonwealth, Parliamentary Papers Session 1964-65-66, vol XIII Joint Task Force, Penalty Enforcement by Registration of Infringement Notice; Courts Management Change Program (May 1985) Legislative Assembly, Parliamentary Debates, Magistrates (Summary Proceedings) (Amendment) Bill 1985 G Webster, "perin Court Fines: Provable in Bankruptcy?" (1998) 72(7) Law Institute Journal 53 Australian Law Reform Commission, Securing Compliance: Civil and Administrative Penalties in Australian Federal Regulation, Discussion Paper 65, April 2002 M Murray, "Fines and Penalties: Provable in Bankruptcy?" (2000) 10(3) New Directions in Bankruptcy 13