te A *B IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION OF NEW SOUTH WALES AND THE ) ) BANKRUPTCY DISTRICT OF THE STATE ) ) ) ) ) No. P4 of 1983 No. G287 of 1983 No. G319 of 1983 AUSTRALIAN CAPITAL TERRITORY BETWEEN le EX PARTE: Judge making order: Date of order: THE DEPUTY COMMISSIONER OF TAXATION Applicant PETER LEOPOLD CLYNE Respondent THE OFFICIAL TRUSTEE IN BANKRUPTCY WILLIAM EDWARD ANDREW No. W838 of 1983 PETER LEOPOLD CLYNE WILLIAM EDWARD ANDREW \ ORDER Beaumont, J. 19 October, 1983. Where made: Sydney. THE COURT ORDERS 1. That the appeals by the Deputy Commissioner of Taxation and the bankrupt in these matters be expedited and that the preparation of appeal books be dispensed with. " 2. That orders 1, 2, 3, 4, 5, 6, 7, 8 and 9 made by Neaves, J. on 17 August, 1983 in proceedings No. P4 of 1983 be discharged. 3. That orders 10, 12, 13 and 14 made by Neaves, J. on 17 August, 1983 in the said proceedings be continued until further order. 4. That order 11 made by Neaves, J. on 17 August, 1983 in the said proceedings be varied by substituting "this Court" for "the Official Trustee in Bankruptcy" and that such order as varied be continued until further order. 5. That orders 2, 3, 4, 5, 6, 7 and 8 made by Neaves, J. on 2 September, 1983 in the said proceedings be discharged. 6. That order 1 made by Neaves, J. on 2 September, 1983 in the said proceedings be varied by substituting "William Edward Andrew as trustee of the bankrupt estate of Peter Leopold Clyne" for "the applicant" in paragraph (c) thereof and that such order as varied be continued until further order. 7. That orders 1, 2 and 3 made by Beaumont, J. on 26 September, 1983 in the said proceedings be discharged. 8. That the Official Trustee in Bankruptcy pay or deliver to William Edward Andrew, as trustee of the estate of the bankrupt, all moneys, books and records held by him pursuant to the orders made by Neaves, J. herein, to be held by William Edward Andrew to abide the further order of the Court. 9. That upon the bankrupt undertaking to the Court until further order that he will not use the same for any purpose except for business purposes, direct that William Edward Andrew deliver to the bankrupt the airline credit cards of the bankrupt now held by hin. 10. That until further order the bankrupt pay on or before the Tuesday of each week to the trustee 25% of the gross income of the bankrupt during the seven days ending on the Friday before the date such payment is to be made. ll. That until further order the bankrupt deposit in an account in his name for the credit of that account all moneys, cheques, negotiable instruments and other documents and instru- ments representing money received by the bankrupt on or after the date of this order in respect of advice given or services performed by the bankrupt (whether before or after the date of this order) in or in connection with his activities as a con- sultant on legal, taxation or financial matters or in respect of any other business activities carried on by him (whether before or after the date of this order) or by way of advances or royalties in respect of books written or to be written by the bankrupt. 12. That until further order the bankrupt take all nec- essary steps to ensure that all moneys, cheques, negotiable in- struments and other documents and instruments representing money received by any person or company on or after the date of this order in respect of advice given or services performed by the bankrupt (whether before or after the date of this order) in or in connection with his activities as a consultant on legal, taxation or financial matters or in respect of any other business activ- ities carried on by him (whether before or after the date of this order) or by way of advances or royalties in respect of books written or to be written by the bankrupt are deposited with the said bank for the credit of the said account. 13. That the bankrupt open the account referred to in order 11 with a trading bank carrying on business in Australia at a branch in Sydney within 7 days of the date hereof and notify the trustee within 24 hours of opening the said account of all details of the account. 14. That until further order the bankrupt forward to the trustee and the Deputy Commissioner of Taxation, Sydney, copies of all bank statements and deliver to the trustee whenever requested so to do such other records relating to all moneys cheques, negotiable instruments and other documents and instru- ments lodged for deposit with the account or drawn on that account as the trustee requests. 15. That until further order the bankrupt keep adequate records of all moneys cheques, negotiable instruments and other documents and instruments representing money to which the pre- ceding orders relate and deliver such records to the trustee whenever requested to do so by the sdid trustee. 16. That until further order the bankrupt deposit in the account referred to in order 13 herein or such other account as may from time to time be substituted therefore all moneys, cheques, negotiable interests and other documents and instru- ments representing money received by him from any person who, or company which, 1s an associate within the meaning of that expression as defined in sub-s.82KH(1) of the Income Tax Assessment Act, 1936 of the bankrupt or which would be an "associate" as so defined of the bankrupt if the bankrupt were a taxpayer within the meaning of that expression as used in the said sub-section. 17. Reserve liberty to apply to any party on such notice as a Judge of the Court shall allow. 18. Reserve costs. '\