Bond, A. v. The Trustee of the Property of Alan Bond, A Bankrupt [1994] FCA 805

OSs JUDGMENT No. oes J woepecseres® CATCHWORDS

BANKRUPTCY - after acquired income - assessment for contribution by trustee in bankruptcy - basis of assessment - payment by family members to bankrupt - in respect of legal representation, secretarial, office, telephone services and travel - whether notional fringe benefits to be treated as income for purposes of contribution provisions - whether required to be "in respect of employment" - statutory construction - extrinsic materials - Second Reading Speech - Explanatory Memorandum - remedial statute - broad construction.

Pearce, Statutory Interpretation 2nd Ed.

Bankruptcy Act 1966 Division 4B, s.139L

Administrative Appeals Tribunal Act s.37 Fringe Benefits Tax Assessment Act 1986 Bankruptcy Amendment Act 1992

Social Security Act 1991

Bankruptcy Amendment Bill 1991

Pattison and Inspector-General_of Bankruptcy and Robert Graham _ Ansett (unreported Administrative Appeals Tribunal, 15/2/94 No. 9307) Federal Commissioner of Taxation v. Official Receiver (1956) 95 CLR 300

Re Weiss; Ex parte Official Trustee in Bankruptcy (1985) 7 FCR 121

Weissova v. Official Trustee in Bankruptcy (1986) 12 FCR 106 Edelsten's Trustee v. Commissioner of Taxation (1987) 16 FCR 386

Re Gillies; Ex part parte Official Trustee in Bankruptcy (1993) 115 ALR 631 Cooper Brookes (Wollongong) Pty Ltd v. Federal Commissioner of Taxation (1981) 147 CLR 297

The Commonwealth v. Baume (1905) 2 CLR 405 Saraswati v. The Queen (1991) 172 CLR 1

ALAN BOND v. THE TRUSTEE OF THE PROPERTY OF ALAN BOND, A BANKRUPT

No. WAG 126 of 1993

FRENCH, COOPER and CARR JJ PERTH 20 OCTOBER 1994

LL COURT OF Heo ETE TRAU A 'PRINCIPAL

IN THE FEDERAL COURT )

OF AUSTRALIA )

WESTERN AUSTRALIA }

DISTRICT REGISTRY )

GENERAL DIVISION ) No. WAG 126 of 1993 ON APPEAL from the General Administrative Division of the Administrative Appeals Tribunal constituted by Deputy President Mr B.J. McMahon, Senior Member, Mr T.E. Barnett, and Member, Associate Professor R.D. Fayle