Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jones v Daniel, in the matter of Daniel [2004] FCAFC 278 BANKRUPTCY – Whether an order under s 79 of Family Law Act 1975 (Cth), properly construed, vested an equitable interest in matrimonial property in the wife when order made – whether property the subject of the order available to trustee in bankruptcy of estate of husband where sequestration order made after order under s 79 but before transfer of any legal interest – whether issue already determined by Official Trustee in Bankruptcy v Mateo (2003) 127 FCR 217 – whether Full Court should follow earlier authority Bankruptcy Act 1966 (Cth), s 116, 178 Family Law Act 1975 (Cth), s 79 Official Trustee in Bankruptcy v Mateo (2003) 127 FCR 217 applied Wu v Minister for Immigration & Multicultural Affairs (2000) 105 FCR 39 referred to Transurban City Link v Allan (1999) 95 FCR 553 referred to
MICHAEL GREGORY JONES (AS TRUSTEE IN BANKRUPTCY OF THE ESTATE OF TONY DANIEL) v TINA DANIEL
N 677 of 2004
HILL, MOORE & ALLSOP JJ
28 OCTOBER 2004
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 677 of 2004
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
IN THE MATTER OF TINA DANIEL:
BETWEEN: MICHAEL GREGORY JONES (AS TRUSTEE IN BANKRUPTCY OF THE ESTATE OF TONY DANIEL)
APPELLANT
AND: TINA DANIEL
RESPONDENT
JUDGES: HILL, MOORE AND ALLSOP JJ
DATE OF ORDER: 28 OCTOBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the costs of the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 677 of 2004
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
IN THE MATTER OF TINA DANIEL:
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