Tunn, Re J.T. Ex Parte The Bankrupt [1986] FCA 244

CATCHWORODS

BANKRUPTCY - application for discharge - bankrupt solicitor - desire for full practising certificate - role of Law Society - test to be applied.

Bankruptcy Act, 1966 s.150

Re: John Thomas Tunn Ex Parte: The Bankrupt

Qld. E214 of 1984

PINCUS J. BRISBANE 11 JUNE 1986

~; rieD 42 SUN 8S

"RAL COURT OF FEO NSTRALIA PRINCIPAL

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD E214 of 1984

BANKRUPTCY DISTRICT OF THE SOUTHERN )

DISTRICT OF THE STATE OF QUEENSLAND )

RE: JOHN THOMAS TUNN

EX PARTE: THE BANKRUPT

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 11 JUNE 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

l. The application for an order of discharge from bankruptcy be dismissed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD E214 of 1984

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: JOHN THOMAS TUNN

EX PARTE: THE BANKRUPT

PINCUS J. 11 JUNE 1986

REASONS FOR JUDGMENT

This is an application for an order of discharge from

bankruptcy. The applicant, J.T. Tunn, was made bankrupt on 13 April 1984 on a creditor's petition and has somewhat less thana

year to go before he would be discharged by effluxion of time.

The applicant is a young solicitor who began practice seven years ago on the Gold Coast. His practice prospered for a few years and he took in partners. However, in 1982, when real estate activity on the Gold Coast diminished, the earnings of the applicant's firm fell and "real difficulties" were experienced,

which presumably means financial difficulties.

Early in 1983, the applicant's then partner, one Alroy, left the practice and it was subsequently found that Alroy had engaged in unlawful financial dealings which ultimately resulted