RE Hawkins, Connie (also known as Connie Murray) EX PARTE Worrell, Ivor [1996] FCA 1169

C A T C H W O R D S BANKRUPTCY - administration of property - property available for payment of debts - property divisible amongst creditors - after acquired property - income of bankrupt - right of bankrupt to retain moneys paid pursuant to a maintenance agreement under the Family Law Act 1975 - whether "property of the bankrupt" under s 5 Bankruptcy Act 1966 - whether "income" under s 139L Bankruptcy Act 1966. Bankruptcy Act 1966 Part VI Division 4B ss 5, 116 and 139L Family Law Act 1975 s 87A Re Buckle (1969) 15 FLR 460 Re Gillies; Ex parte Official Trustee in Bankruptcy v Gillies (1993) 42 FCR 571 In Re Landau; Ex parte Trustee [1934] Ch 549 In re Tennant's Application [1956] 1 WLR 874 Nettev Howarth (1935) 53 C.L.R. 55 Re Blair and Inspector General in Bankruptcy 34 ALD 258 The Commissioner of Taxation of the Commonwealth of Australia v The Myer Emporium Ltd (1987) 163 CLR 199 Weissova v The Official Trustee in Bankruptcy (1986) 12 FCR 106 RE: CONNIE HAWKINS (also known as CONNIE MURRAY); EX PARTE: IVOR WORRELL No QB410 of 1996 SPENDER J BRISBANE 20 DECEMBER 1996

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) No. QB 410 of 1996 BANKRUPTCY DISTRICT OF THE ) STATE OF QUEENSLAND ) RE: CONNIE HAWKINS (also known as CONNIE MURRAY) EX PARTE: IVOR WORRELL MINUTES OF ORDER JUDGE MAKING ORDER: Spender J DATE OF ORDER: 20 December 1996 WHERE MADE: Brisbane THE COURT DECLARES THAT of the $100,000.00 to be paid pursuant to the maintenance agreement dated 7 February 1995 subsequent to 8 February 1996, one half is "the property of the bankrupt" within s 5 of the Bankruptcy Act 1966 and one half is payment by way of provision for the bankrupt's maintenance, which half is "income" within s 139L of the Bankruptcy Act 1966. THE COURT ORDERS THAT each party bear their own costs; the costs of the trustee to be his costs in the administration of the bankrupt's estate. NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.