Federal Court of Australia
CATCHWORDS BANKRUPTCY - Creditor's petition - bankruptcy notice founded on default judgment in Magistrates Court - whether in truth and reality a debt due - affidavit and documents inconsistent with debt as alleged - exercise of discretion to go behind the judgment. Re Frazer Ex parte Central Bank of London [1892] 2 QB 633 - Appl. Wren v. Mahony (1972) 126 CLR 212 - Appl. Simon v. O'Gormon Pty. Ltd. (1979) 619 - Appl. Re David Ex parte Lahood (1979) 26 ALR 306 - Appl. Corney v. Brien (1951) 84 CLR 343 - Appl. Petrie v. Redmond (1942) 13 ABC 44 - Appl. Re Vojnovski [1970] ALR 355 - Appl. Oliveri v. Stafford (1989) 24 FCR 413 - Appl. Trevor Lawrence Beattie; Ex parte Centurion Finance Limited No. QP61 of 1995 Cooper J., Brisbane, 27 July 1995
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND Cred. Pet. No. 61 of 1995 RE: TREVOR LAWRENCE BEATTIE Debtor EX PARTE: CENTURION FINANCE LIMITED Creditor JUDGE MAKING ORDER: Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 27 July 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Within twenty-eight (28) days of today the petitioning creditor file and serve all material upon which it relies to establish that it has a presently enforceable debt due against the debtor in an amount not less than the statutory minimum to support a bankruptcy petition and the legal basis of that entitlement. 2. Within fourteen (14) days thereafter the debtor file and serve any material upon which he intends to rely to contend that there is no presently enforceable debt due by him to the petitioning creditor of at least the statutory minimum amount and give written notice of any legal contention he wishes to advance in support of such contention. 3. The petition be adjourned to the list of contested bankruptcy matters to a date to be fixed by the District Registrar. 4. The costs of this application be reserved. Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
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