Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY qg 7147 of 1998
BETWEEN: dennis john HAWKINS and lynette jean hawkins
Applicant
AND: ivor WORRELL
Respondent
QG 7202 of 1998 BETWEEN: dennis john HAWKINS and lynette jean hawkins
Applicant
AND: official receiveR
Respondent
JUDGE: SPENDER J
DATE OF ORDER: 11 AUGUST 1998
WHERE MADE: BRISBANE
QG 7147/98:
THE COURT ORDERS THAT: The deed of arrangement entered into by the applicants on 8 August 1995 be terminated.
QG 7202/98:
THE COURT DirEcted THAT: The Registrar accept a debtors' petition presented by the applicants. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 7147 of 1998
BETWEEN: dennis john HAWKINS and lynette jean hawkins
Applicant
AND: ivor WORRELL
Respondent
QG 7202 of 1998 BETWEEN: dennis john HAWKINS and lynette jean hawkins
Applicant
AND: official receiveR
Respondent
JUDGE: SPENDER J
DATE: 11 AUGUST 1998
PLACE: BRISBANE
REASONS FOR JUDGMENT On 16 April 1998, Dennis John Hawkins and Lynette Jean Hawkins made an application pursuant to s 236(1) of the Bankruptcy Act 1966 seeking an order terminating a deed of arrangement which had been entered into by them as debtors and Ivor Worrell as Trustee. In an affidavit supporting that application, Mr Hawkins indicated that the applicants needed to have the deed of arrangement terminated so that they could file for bankruptcy. The applicants' Builders' Registration number had been cancelled and the Queensland Building Services had made demand of moneys to repair a building which had been constructed by the applicants. In that affidavit, it was said that the reason for seeking acceptance of a debtors' petition was so that the applicants could remain in possession of a 1978 Mazda utility valued at about $800, that being their only means of transport and necessary for Mr Hawkins to find work. The deed of arrangement is dated 8 August 1995 and under it the debtors undertook to contribute the sum of $1000 per month until the Trustee had paid to the creditors 100 cents in the dollar. The applicants have been unable to comply with the terms of the deed of arrangement. Section 236 provides: "(1)The Court may, upon application by the trustee, a creditor or the debtor, …if it is satisfied:
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