Federal Court of Australia
Un /se.
CATCHWORDS
Practice and procedure - Bankruptcy - application by Official Trustee - orders sought inconsistent with previous order made by Family Court - whether Federal Court should refrain from determining application while Family Court order remains in
existence.
Bankruptcy Act 1966 ss.55, 116, 134 Family Law Act 1975 55.78, 92
Re Bedford; Ex parte Official Receiver (1968) 12 F.L.R. 309
Re Mottee; Ex parte Mottee v. Official Receiver (1977) 16 A.L.R. 129
Re Trigg; Ex parte Trigg and Official Receiver (1978) 25 A.L.R. 207
Re K. Piper (Deceased) £19601 S.R.N.S.W. 328 Luxton v. Luxton (1968) 12 F.L.R. 382
Holiey v. Holley (1982) A.F.L.C. 77,431 (Case No. 91-257)
Ascot Investments Pty. Ltd. v. Harper (1981) 148 C.L.R. 337
RE: TREVOR WALTER BAXTER EX PARTE: THE OFFICIAL TRUSTEE IN BANKRUPTCY Applicant and CONSTANCE BERYL BAXTER Respondent
No. 85 of 1971
Northrop Jd. Melbourne
10 April 1986
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IN_THE FEDERAL COURT OF AUSTRALIA
) ) EXERCISING FEDERAL JURISDICTION ) No. 85 of 1971 ) )
IN BANKRUPTCY
BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA
RE
TREVOR WALTER BAXTER
EX PARTE: THE OFFICIAL TRUSTEE IN BANKRUPTCY Applicant
and
CONSTANCE BERYL BAXTER Respondent
COURT: NORTHROP J.
DATE: 10 APRIL 1986
PLACE: MELBOURNE
REASONS FOR JUDGMENT
The matter before the Court raises a question of small scope but of importance relating to possible conflicts
between orders of the Family Court of Australia and orders of the Federal Court of Australia. The matter comes before the Federal Court pursuant to an application by the Official Trustee in Bankruptcy, "the Trustee", in which the Trustee is seeking directions under sub-section 134(4) of the Bankruptcy Act 1966. The facts giving rise to the question are not in
dispute and can be stated in summary form.
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S aiaeetetahaie aan natant matanenaaeed
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