> JUDGMENT NO. anZiclwartonal LEQ IN THE FEDERAL COURT OF AUSTRALIA - GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE STATE jNo. N.S.W. 780 of 1977 OF NEW SOUTH WALES AND THE ) AUSTRALIAN CAPITAL TERRITORY RE: - ROGER GREGORY MATSON EX PARTE: OFFICIAL RECEIVER REASONS FOR JUDGMENT by 4 Ss 1980 LOCKHART J." I give lave to the applicant, the Official Receiver for the Bankruptcy District for the State of New South Wales and the Australian Capital Territory to file in Court, returnable instanter, an application by the Official Receiver for an order that an undischarged bankrupt, Roger Gregory Matson, be produced to this Court by the Governor of the Central Industrial Prison of New South Wales on Monday next, 22 Septenber 1980, at 12.00 noon. The Official 'Receiver applies today, ex parte, for an order in the terms to which I have referred. The bankrupt has applied to this Court for an order of discharge from his bankruptcy. The application is set down for hearing on Monday next at 12.00 noon. The application for an order that the bankrupt be produced to this Court is made by the Official Receiver upon the ground that it is, if not necessary, certainly desirable that the bankrupt be here to presecute his application. I am informed by the solicitor for the Official Receiver that the bankrupt has indicated that he wishes to be in Court when his application for discharge is heard. ..-/2 ~ It was submitted that a possible source of jurisdiction of this Court to order the production of the bankrupt from the custody of the Governor of the Central Industrial Prison of New South Wales is s. 44 of the Prisons Act 1952 of the State of New South Wales. Plainly that cannot be a source of jurisdiction because it is a section of an Act passed by the New South Wales Parliament which has no competence to confer-bower on this Court. Although the matter has not been debated at any length and the question is not an entirely easy one, in my view there is power in this Court to make the order sought. Section 23 of the Federal Court of Australia Act 1976 provides that this Court has power, in relation to matters in which it has jurisdiction, to make orders of such kinds, including interlocutory orders, as the Court thinks fit. As this Court has undoubted power to hear an application for discharge of a bankrupt under the Bankruptcy Act, in my view s. 23 may be relied upon as a source of power to make the order sought, so that the bankrupt can be before the Court not only to prosecute his application for discharge; but so that he may be here to answer any questions that may be put to him by the Official Receiver or any creditor who may appear, or the Court itself. An independent head of power is s. 30 of the Bankruptcy Act 1966 which provides, so far as relevant, that the Court may make such orders as it considers necessary for the purpose of o0 6/3 - carrying out or giving effect to the Act in any case of bankruptcy ~ see s. 30 (1) (b). Order 33 R. 14 of the Federal Court Rules has a bearing on the matter as it provides that a party requiring the production of a prisoner from lawful custody to give evidence in proceedings before the Court shall move for an order to that effect, and that the motion shall be made ex parte. The Rule also provides that the motion shall be supported by an affidavit showing the person in whoge custody the prisoner is held and the reasons for which the proceedings and attendance are required. The Rule provides that the appropriate order shall be in accordance with form 46 in the first schedule to the Rules. Although there is no affidavit in support of this application I shall dispense with compliance with the Rules in that respect in all the circumstances. Accordingly, the order of the Court is that Roger Gregory Matson, a prisoner said to be confined in the prison known as the Central Industrial Prison of the State of New South Wales be produced to this Court by the Governor of the said prison under secure conduct on 22 September 1980 at the hour of 12 noon and so on from day to day until his attendance is no longer required by this Court in connection with the application for discharge from bankruptcy that has been made by Roger Gregory Matson. preceding panes are a truc copy cf the Reasons for - ent herein cf Ris honour Mr, Justices Los $ ) ALR ANS i | certify that this and the Wo (2) } i i i }