Inspector-General in Bankruptcy v Rutherfurd (Bankrupt) [2023] FCAFC 99

Federal Court of Australia

Inspector-General in Bankruptcy v Rutherfurd (Bankrupt) [2023] FCAFC 99 Appeal from: Rutherfurd (Bankrupt) v Inspector-General in Bankruptcy [2022] FCA 1469

File number(s): QUD 458 of 2022

Judgment of: RARES, ROFE AND DOWNES JJ

Date of judgment: 28 June 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – where trustee of bankrupt estate made income contribution assessment – where bankrupt requested review of trustee's decision to make income contribution assessment under s 139ZA of the Bankruptcy Act 1966 (Cth) – where Inspector-General refused request for review – where bankrupt applied for review to the Administrative Appeals Tribunal under s 139ZF(b) – whether Tribunal empowered to make fresh income contribution assessment – whether decision to review the trustee's assessment forms part of the reviewable decision ADMINISTRATIVE LAW – scope of Tribunal's powers on review of a decision under s 43 of the Administrative Appeals Tribunal Act 1975 (Cth) – where there was an intermediate review of the original decision – where intermediate decision was not an affirmation decision – where intermediate decision was a decision to refuse a request for review – whether powers and discretions relevant to decision under review extend to powers and discretions conferred on the original decision-maker – whether "decision" in s 43 refers to the "operative decision" – where scope of powers turns on construction of the Bankruptcy Act 1966 (Cth)

Legislation: Acts Interpretation Act 1901 (Cth) s 13(1) Administrative Appeals Tribunal Act 1975 (Cth) ss 41, 43 Bankruptcy Act 1966 (Cth) ss 139J(a), 139K, 139P(1), 139Q(1), 139S, 139W, 139ZA(1), 139ZA(2), 139ZA(3), 139ZA(5), 139ZD, 139ZE, 139ZF Social Services Act 1947 (Cth) ss 14, 15 Social Security Act 1991 (Cth)