Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Worrell (Trustee) v Woods [1999] FCA 242
BANKRUPTCY – application under s 30(5) Bankruptcy Act 1966 (Cth) – notice to produce documents - examination as to knowledge of bankrupt's affairs – documents relevant to bankrupt's affairs – evidence – privilege - common law right of former legal adviser of bankrupt to assert legal professional privilege against the trustee in bankruptcy when served with Notice of the Official Receiver under s 77C Bankruptcy Act 1966 (Cth) – whether excluded by necessary implication by Bankruptcy Act 1966 (Cth) Bankruptcy Act 1966 (Cth) s 35, s 77, s 77AA, s 77C, s 81 Domestic Relationships Act 1994 (ACT) Evidence Act 1995 (Cth) s 117, s 122 Income Tax Assessment Act 1936 (Cth) s 263, s 264 Corporations Law s 597
Re Steele; Ex parte Official Trustee of Bankruptcy v Clayton Utz (1994) 48 FCR 236 applied Bond v Tuohy (1995) 128 ALR 595 referred to Re Bond; Ex parte Ramsay (1994) 126 ALR 720 referred to Re Furney (1964) 20 ABC 166 referred to In re Konigsberg (a Bankrupt) [1989] 1 WLR 1257 referred to Esso Australia Resources Ltd v Federal Commissioner of Taxation (1998) 159 ALR 664 applied Baker v Campbell (1983) 153 CLR 52 applied Commissioner of Taxation v Citibank Ltd (1989) 20 FCR 403 referred to Perron Investments Pty Ltd v Deputy Commissioner of Taxation (WA) (1989) 90 ALR 1 referred to Re Compass Airlines Pty Ltd (1992) 35 FCR 447 referred to Commodity Futures Trading Commission v Weintraub 471 US 343 (1985) referred to In re Wells; Ex parte The Trustee (1892) 9 Mor 116 referred to Minet v Morgan (1873) LR 8 Ch 361 referred to Crescent Farm (Sidcup) Sports Ltd v Sterling Officers Ltd [1972] 1 Ch 553 referred to Murjani (a bankrupt) [1996] 1 All ER 65 referred to Ex parte Campbell; In re Cathcart (1870) LR 5 Ch App 703 referred to Goldberg v Ng (1995) 185 CLR 83 referred to Moore "The Sanctity of Legal Advice: Legal Professional Privilege and Bankruptcy" (1997) 5 Insolvency LJ 24 McNicol, Law of Privilege, 1992 Williams and Muir Hunter on Bankruptcy, 19th Ed, 1979 Berry, Bailey and Schaw-Miller, Personal Insolvency, 1987 Spratt and McKenzie, Law of Insolvency, 2nd Ed, 1972 2 Halsbury's Laws of England, "Bankruptcy and Insolvency", 1st Ed, 1908 9 Am Jur 2d, "Bankruptcy" para 296
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