Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Official Trustee in Bankruptcy (trustee) v Turner[1999] FCA 129
BANKRUPTCY - property divisible among creditors - purported transfer of property to bankrupt's son - Order of Family Court setting aside transfer - effect of that order – whether a judgment in rem or in personam. Bankruptcy Act 1966 (Cth) ss 5, 58, 115(1), 116 Family Law Act 1975 (Cth) Re Clark; Ex parte Beardmore [1894] 2QB 393 followed Corke v Corke (1994) 48 FCR 359 applied Isaacs v Robertson [1985] AC 97 cited Re Zagoridis; Ex parte Q'plas Group Pty Ltd (1990-1991) 98 ALR 718 cited Re Baxter; Ex parte The Official Receiver v Baxter (1986) 10 FCR 398 applied McGovern v State of Victoria (1984) VR 570 referred to The Wik Peoples v Queensland (1994) 49 FCR 1 cited Castrique v Imrie (1870) LR 4 HL 414 followed R v British Coal Corporation; Ex parte Price (No 3) (1993) TLR 298 referred to Oil Basins Ltd v Commonwealth (1993) 67 ALJR 955 referred to News Ltd v Australian Rugby Football League Ltd (1996) 139 ALR 193 referred to Victoria v Sutton (1998) 82 ALJR 1386 referred to
OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATE OF EDWIN JOHN TURNER v TURNER NG 7008 OF 1996
O'LOUGHLIN J
ADELAIDE (HEARD IN SYDNEY)
24 FEBRUARY 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 7008 OF 1996
RE: EDWIN JOHN TURNER
A Bankrupt
OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATE OF EDWIN JOHN TURNER
Applicant
AND: KENNETH EDWIN TURNER
First Respondent
ROSE JOSEPHINE TURNER
Second Respondent
JUDGE: O'LOUGHLIN J
DATE OF ORDER: 24 FEBRUARY 1999
WHERE MADE: ADELAIDE (HEARD IN SYDNEY)
THE COURT ORDERS THAT:
1. This matter stand adjourned for further consideration. 2. The applicant serve forthwith a copy of the reasons of the Court published this day on the Registrar General and the State Bank of New South Wales (or its successor in title) 3. Any party be at liberty to have the matter relisted for further consideration on seven day's notice. 4. The applicant's costs, calculated on the solicitor and client scale, be paid out of the bankrupt estate of Edwin John Turner.
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