Re Palmer v. Ex parte Taylor [1988] FCA 91

mypoees tT No. TI) 1Be.

CATCHWORODS

BANKRUPTCY - alleged wrongful conduct by Trustee of creditors'

meeting - penalty - Deputy Registrar purporting to reduce Trustee's remuneration to nil -— function of Deputy Registrar —

function of Court in disciplinary action concerning trustees.

CONSTITUTIONAL LAW - fixing of Trustee's remuneration by

Registrar — whether power under s.162(4) and 162(5) amounts to exercise of judicial power contra ss.71 and 72 of

The Constitution - not a grant of judicial power of

The Commonwealth.

BANKRUPTCY ~ Part X deed of assignment - application to have it declared void -— whether insufficiency of divisible property

relevant - primacy of creditors' decision.

Bankruptcy Act 1966 ss.14(5), 162(4), 162(5), 212. The Constitution 1901 ss.71, 72.

RE ALAN ROY PALMER; EX PARTE ALAN RICHARD TAYLOR QLD. NO.X63 of 1986

SPENDER J. BRISBANE 4 MARCH, 1988.

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD. No.x63 of 1986

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

RE: ALAN ROY PALMER

EX PARTE: ALAN RICHARD TAYLOR as Controlling Trustee under Part X of the Bankruptcy Act 1966 (Commonwealth) as amended

Applicant

MINUTE OF ORDER

JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 4 MARCH 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The remuneration of the Controlling Trustee, Mr. Alan Richard Taylor, be fixed in the sum of $2,085.70.

2. No order as to costs.

NOTE: Settlement and entry of orders is dealt with by Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) GENBRAL DIVISION ) QLD. No.X63 of 1986

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

RE: ALAN ROY PALMER

EX PARTE: ALAN RICHARD TAYLOR as Controlling Trustee under

Part X of the Bankruptcy Act 1966 (Commonwealth) as amended

Applicant

CORAM: SPENDER J.