Federal Court of Australia
' * JUDGMENT No. Gaya.
CATCHWORODS
BANKRUPTCY - application for discharge ~ objection to discharge - notice of opposition to application - allegation of misconduct - no misconduct alleged in report - trustee's duty in report to court - lack of business acumen - not necessarily culpable neglect - post discharge co-operation by bankrupt - duty to co-operate -
principle governing discharge after 3 years.
Bankruptcy Act s.150
Re: Daff and Daff; Ex parte: The Bankrupts (Unrep. 9/9/85, Toohey a.) Re: Tarvydas; Ex parte: The Bankrupt (Unrep. 25/11/85, Toohey J.)
Re: Zion; Ex parte: The Bankrupt (Unrep. Smithers J., 26/9/86) Re: Maher (1985) 61 ALR 592
RE: ROGER KEITH MULLEN EX PARTE: ROGER KEITH MULLEN No. 198 of 1984
FRENCH J. PERTH 16 NOVEMBER 1987
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
ee ee ee ee
No. 198 of 1984 , RE: ROGER KEITH MULLEN Bankrupt
EX PARTE: ROGER KEITH MULLEN
Applicant
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 16 NOVEMBER 1987
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The bankrupt is discharged.
Note: Settlement and entry of orders is dealt with in
Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT ) OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT ) OF THE STATE OF ) WESTERN AUSTRALIA )
No. 198 of 1984
RE: ROGER KEITH MULLEN Bankrupt
EX PARTE: ROGER KEITH MULLEN Applicant
CORAM: FRENCH J. 16 November 1987
REASONS FOR JUDGMENT
Roger Keith Mullen hecame a bankrupt upon his own petition on 6 April 1984. Under the provisions of s.149 of the Bankruptcy Act he would have been automatically discharged on 6 April 1987, but for the lodgment by the trustee of an objection to
discharge on 30 March 1987.
He now applies for discharge from his bankruptcy by
order of this Court pursuant to s.150 of the Act.
When made bankrupt he was 39 years of age and married with two dependent children, Kellie and Brett, aged 11 and 8. He had separated from his wife in April 1982. She retained custody of the children. A trust was set up for their benefit known as
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