Federal Court of Australia
CATCHWORDS
Bankruptcy Act - Debtor's petition - Reference by Registrar - Formal defect or irregularity - Husband and wife both purported petitioners under s.55 though wife simultaneously made bankrupt on her separate petition under s.55 - Amendment.
Bankruptcy Act 1966, sections 55, 57, 306. Federal Court Rules 6, 24, 195.
RE: NIGEL BRUCE HENDERSON and MARLENE HENDERSON EX PARTE: A DEBTOR'S PETITION
No. P. 974 of 1985
Burchett J. Sydney 25 July, 1985
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IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF NEW SOUTH
WALES AND THE AUSTRALIAN CAPITAL No. P. 974 of 1985
TERRITORY RE NIGEL BRUCE HENDERSON and MARLENE HENDERSON EX PARTE:
A_ DEBTOR'S PETITION
MINUTE OF ORDER
dudge making order: Burchett J. Date order made: 25 July 1985
Where made: Sydney
THE COURT DIRECTS:
The Registrar to accept the debtor's petition presented herein insofar as it relates to the debtor Nigel Bruce Henderson, and reserves liberty to the Official Receiver to apply for a consolidation under 5.53.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF NEW SOUTH
WALES AND THE AUSTRALIAN CAPITAL No. P. 974 of 1985
TERRITORY RE: NIGEL BRUCE HENDERSON and MARLENE HENDERSON EX PARTE: A DEBTOR'S PETITION REASONS FOR JUDGMENT . BURCHETT J.
This is a reference by a registrar under s.55(4) of the Bankruptcy Act, 1966. I should say at the outset that I think it
is entirely correct that any debtor's petition which, on the face of it, raises a question of compliance, should be so referred.
That is what the Act envisages.
This reference arises in novel circumstances. Nigel Bruce Henderson and Marlene Henderson, a husband and wife, presented a debtor's petition pursuant to 5.56 of the Act on 3 April 1985, in respect of a partnership consisting of themselves and two others. The petition was referred to Beaumont J., who held, upon the objection of the other two partners, that the
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