Re Sabri, Anwaya & Anor v Brien, Richard Campbell & Anor [1995] FCA 916

C A T C H W O R D S BANKRUPTCY - application to transfer proceedings to Family Court of Australia - orders of Family Court as to property settlement made within relation back period of sequestration order - claim that property the subject of property settlement vested in the bankrupt's trustee prior to the making of settlement orders by the Family Court - whether discretion to transfer should be exercised - likelihood of appearance of conflict between Family Court and Federal Court orders if matter not transferred - jurisdiction of Family Court in a matter transferred pursuant to s.35A(1) Bankruptcy Act 1966 (Cth) discussed. Bankruptcy Act 1966 (Cth) - s.35A(1) Family Law Act 1975 (Cth) - s.79 Ascot Investments Pty Limited v Harper (1981) 148 CLR 337 Re Chemaisse v Commissioner of Taxation (1990) 13 Fam LR 724 Corke v Corke (1994) 121 ALR 320 Deputy Commissioner of Taxation v Swaine (1988) 20 FCR 507 Re Sellen; Ex parte Shirlaw, (1989) 13 Fam LR 324 RE ANWAYA SABRI; EX PARTE DIANA SABRI v RICHARD CAMPBELL BRIEN and AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED NO NB 3010 of 1993 Davies J 25 October 1995 Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) ) BANKRUPTCY DISTRICT OF THE ) No NB 3010 of 1993 ) STATE OF NEW SOUTH WALES ) ) GENERAL DIVISION ) RE: ANWAYA SABRI Bankrupt EX PARTE: DIANA SABRI Applicant RICHARD CAMPBELL BRIEN First Respondent AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED Second Respondent Coram: Davies J. Date: 25 October 1995 Place: Sydney MINUTES OF ORDER THE COURT ORDERS THAT: 1. The proceedings commenced by the application filed 13 June 1995 in proceedings NB3010/93 be transferred to the Family Court of Australia pursuant to s.35A(1) Bankruptcy Act 1966 (Cth). 2. The costs of the motion to transfer be costs in the cause of the proceedings transferred. 3. The costs which have been reserved in the proceedings be reserved to the Judge dealing with the matter in the Family Court.