Maddox; ex parte The Debtor

CATCHWORDS

Bankruptcy - bankruptcy notice ~ notice founded upon an order for costs made pursuant to the provisions

of the Family Law Act 1975 - whether the issue of a bankruptcy notice is "a proceeding in a court" within the definition of the word "proceedings" as defined in s. 4 (1) of the Family Law Act 1975 - whether the issue of a' bankruptcy notice is of a ministerial or judicial

nature.

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE No. B 4012 of 1978

OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

RE: LEONARD ARTHUR MADDOX EX PARTE: THE DEBTOR

JUDGE MAKING ORDER: LOCKHART J.

DATE OF ORDER: 27 MARCH 1979

WHERE MADE: , SYDNEY THE COURT ORDERS THAT: ,

The application be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE No. B 4012 of 1978 OF NEW SOUTH WALES AND THE

AUSTRALIAN CAPITAL TERRITORY

RE; LEONARD ARTHUR MADDOX EX PARTE: THE DEBTOR

id Phicchy 1979 LOCKHART J.

REASONS FOR JUDGMENT

This is an application to set aside a bankruptcy notice.

The bankruptcy notice claims that the sum of $1,854.73 together with interest of $388.80, making a total of $2,243.53 is due by the judgment debtor to the judgment creditor under a final order obtained against the judgment debtor in the Supreme Court of New South Wales in its Family Law Division on 25 November 1974.

The grounds of the application are that the order of the Supreme Court of New South Wales is not competent to found the issue of a bankruptcy notice as the Family Law Act 1975 operates to prohibit proceedings for enforcement of the order except under that Act.

The facts are not in dispute. On 25 November 1974 the Supreme Court of New South Wales in its Family Law Division in suit No. 4793 of 1973 pronounced a decree nisi for dissolution cf the marriage of the petitioner Walter