Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
George v Fletcher (Trustee) [2010] FCAFC 53 Citation: George v Fletcher (Trustee) [2010] FCAFC 53
Appeal from: Fletcher v George & Ors (No 6)[2009] FMCA 69
Parties: LAUREN KAY GEORGE (A BANKRUPT) v WILLIAM JOHN FLETCHER AS TRUSTEE OF THE BANKRUPT ESTATE OF LAUREN KAY GEORGE, DR PETER IRONSIDE PTY LTD ACN 008 126 387, DR PETER DOUGLAS IRONSIDE, NATIONAL AUSTRALIA BANK LIMITED and SUSAN WILSON
File number: QUD 47 of 2009
Judges: RYAN, MARSHALL & LOGAN JJ
Date of judgment: 28 MAY 2010
Catchwords: PRACTICE AND PROCEDURE – Summary judgment in Federal Magistrates Court – Whether question was one apt for disposal – Where application for summary judgment was made orally during the course of the trial – Where substantial issues of credit required resolution – Where particular factual disputes required resolution. Held: matter was not apt for summary judgment pursuant to the Federal Magistrates Act 1999 (Cth) s 17A. TRUSTS AND TRUSTEES – Trust asserted to have been declared over Torrens system land – Where land already legally and beneficially owned by trustee – Whether declaration was sufficient to create a trust – Whether trust was evidenced in writing – Whether assignment of land needed to occur to effect the trust – Whether assignment should have been registered. Held: trust was claimed to have been created by declaration so that assignment was not necessary: Property Law Act 1974 (Qld) s 11 and s 200 – registration of registered proprietor's status as trustee possible but not mandatory in order to perfect trust: Land Title Act 1994 (Qld) s 109 and s 110
Legislation: The Constitution (Cth) Bankruptcy Act 1966 (Cth) ss 27, 31, 58, 116 Family Law Act 1975 (Cth) s 79, Part VIIIAA Federal Court of Australia Act 1976 (Cth) s 31A Federal Magistrates Act 1999 (Cth) s 17A Duties Act 2001 (Qld) s 487 Land Title Act 1994 (Qld) ss 109, 110 Property Law Act 1974 (Qld) ss 11, 200 Trusts Act 1973 (Qld) Conveyancing Act 1919 (NSW) s 23C Federal Court Rules O 52 4 Uniform Civil Procedure Rules(Qld)
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