Re Lance, Debra Kaye Ex Parte Nilant, Charles Philippe Louis v Lance, Debra Kaye [1996] FCA 1102

CATCHWORDS BANKRUPTCY - arrangements with creditors without sequestration - control of debtor's property - whether application for release should be granted BANKRUPTCY - proceedings in connection with sequestration - failure to present debtor's petition after resolution of creditors - whether sequestration order appropriate - debtor disputing partnership with spouse - whether debtor liable for debts in statement of affairs and otherwise Bankruptcy Act 1966, s188, s188(2)(c)(ii), s189(1), s189(1)(d), s195(4), s208(b), s221(1)(b) Bills of Exchange Act (Cth) 1909, s25 Partnership Act (WA) 1895, s8(3) Sales Tax Assessment Act (6) 1930, subs10(2A), Sales Tax Assessment Act 1992 (Cth), s116 Re Baxter; Ex parte The Official Receiver v Baxter (1986) 10 FCR 398 Re Burlock; Burlock v Commissioner of Taxation & Anor (1994) 49 FCR 522 Jolley v Federal Commissioner of Taxation (1989) 86 ALR 297 Laurence v Mulroney (1987) 15 FCR 268 cf Robert Coldstream Partnership v Federal Commissioner of Taxation (1943) 68 CLR 391 RE DEBRA KAYE LANCE; EX PARTE CHARLES PHILIPPE LOUIS NILANT and DEBRA KAYE LANCE NO WX 42 OF 1994 R D NICHOLSON J PERTH 16 DECEMBER 1996

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY) GENERAL DIVISION ) NO WX 42 OF 1994 B E T W E E N: RE DEBRA KAYE LANCE EX PARTE CHARLES PHILIPPE LOUIS NILANT Applicant and DEBRA KAYE LANCE Respondent MINUTE OF ORDER JUDGE MAKING ORDER: R D NICHOLSON J DATE OF ORDER: 16 DECEMBER 1996 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. A Sequestration Order be made against the estate of Debra Kaye Lance of 3 Keys Court, Leeming, Western Australia, pursuant to s221(1)(b) of the Bankruptcy Act 1966. 2. The Applicant's costs be taxed and paid out of the estate of Debra Kaye Lance in accordance with the Bankruptcy Act 1966. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.