Re Lucera, G. & Anor v. Ex parte The Official Trustee in Bankruptcy & Ors [1994] FCA 715

17 October 1994

Just to say, could you please attach the following Catchwords to the appropriate Judgment that you have already received.

Thank you

SS Gu

Judgments Clerk

"to, Vis 6 7h

JUDGMENT No. ....2/S 7) FH

'© etucecnceseceicene obesedssttty

BANKRUPTCY - Avoidance of Settlement - husband and wife registered proprietors of property as joint tenants - transfer to wife as sole proprietor void as against trustee by operation of Bankruptcy Act, 1966 (Cth) s.120 - whether upon debtor becoming bankrupt, the trustee became entitled in equity to an interest in the land as tenant-in- common in equal shares with the wife.

BANKRUPTCY - notice under Bankruptcy Act, 1966 (Cth) s.1392ZQ for collection of money arising out of transaction which is void as against trustee in bankruptcy - whether notice under 8.13920 correctly identifies and values property received as a result of void transaction - whether notice under s.13920 is irregular and should be set aside under s.139ZS or s.30.

BANKRUPTCY - Practice and Procedure - whether notice of intention which asserts that a notice served under s.1392Q0 is of no effect should be treated as a formal application to set aside notice served under s.1392Q.

ct, 1 th) ss. = T.

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ine' act ' : 8 Vv erson

: E AND_NINFA LUCERA AND REGISTRAR OF TITLES VB_1524 of 1988

Olney J RECEIVED 5 October 1994 17 OCT 1994 FEDERAL COURT OF

AUSTRALIA L PRINCIPAL é/ REGISTRY

JUDGMENT NO. suc Srenl ocd roa

F R A) GENERAL DIVISION ) No. VB 1524 of 1988 BANK: TCY DI F_ TH ) STATE OF VICTORIA ) Re: LUCERA A Bankrupt Ex Parte: FFICIAL IN BANKRUPT Applicant - and - NINFA LUCERA First Respondent REGISTRAR OF TITLES Second Respondent - and - GUISEPPE LUCERA The Bankrupt Coram: Olney J Place: Melbourne Date: 5 October 1994 10 OCT 1994 FEDERAL COURT OF AUSTRALIA PRINCIPAL MINUTE OF ORDER REGISTRY THE COURT ORDERS THAT: