Federal Court of Australia
"\
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
. 410 AND 411 of 1983 BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND ) RE: WILLIAM JAMES WHITLA and et DESLEIGH MARISE WHITLA er e@ EX PARTE: ALAN RICHARD TAYLOR , we Oe ae SPENDER J. 21 FEBRUARY 1985
EXTEMPORE REASONS FOR JUDGMENT
This is an application by William James Whitla and his @vtte: Desleigh Marise Whitla, who are bankrupts. Yesterday, 20
February 1985, they applied by counsel to the Registrar-in-
Bankruptcy for an adiournment of their public examination which
had been set down for 20 and 22 February 1985. Mr Whitla had
been served on 23 December 1984 with a summons to attend that
public examination and he deposes to the fact that his wife was
served also on that day.
The Registrar, Mr Ramsey, heard evidence both orally and
on affidavit and declined to grant the adjournment of the public examination. Mr and Mrs Whitla then applied to the Federal Court, exercising jurisdiction in bankruptcy 'pursuant to the
powers that are to be found under 3.14(5) of the Bankruptcy Act
It is necessary that there be public confidence in the administration of our insolvency law, and postponements and delay in ordinary cases in any event do nothing but hinder the eventual
day when bankrupts are released from the restrictions and
restraints that their status entails.
The object of a public examination of a bankrupt is not
@erely to obtain a full and complete disclosure of the assets of the bankrupt, and the facts relating to the bankruptcy, in the interests of the creditors of the bankrupt, but also to protect the public. It is an administrative inquiry, but it is nonetheless important for that fact. It can involve quite
serious consequences as some of the sub-sections of 3.19 tend to
indicate.
On the other hand, there is aneed for a proper @rcraration to be allowed to persons who are to he publicly examined and the Bankruptcy Act itself expressly recognises the rights of persons who are bankrupts to the assistance that legal
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