Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carter (Trustee) in the matter of Vos (Bankrupt) v Vos [1999] FCA 1703 PRACTICE AND PROCEDURE – Jurisdiction – Bankruptcy ‑ Family Court orders that money held in trust be transferred to wife ‑ Application by husband's trustee in bankruptcy for declaration that money vested in trustee ‑ Application to transfer proceedings to Family Court ‑ Whether discretion to transfer should be exercised ‑ Likelihood of appearance of conflict between Family Court and Federal Court orders if matter not transferred ‑ Whether Family Court better equipped to determine whether wife has equitable interest in money.
Bankruptcy Act 1966 s 35A(1) Re Sabri; Ex parte Sabri v Brien (1995) 60 FCR considered
BRUCE JAMES CARTER as Trustee for the Bankrupt Estate of JOHANNES CORNELIS VOS v ELAINE MARY VOS S 7173 OF 1999 SUNDBERG J 29 NOVEMBER 1999 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 7173 OF 1999
IN THE MATTER OF THE BANKRUPT ESTATE OF
JOHANNES CORNELIS VOS
BETWEEN: BRUCE JAMES CARTER as Trustee for the Bankrupt Estate of JOHANNES CORNELIS VOS
Applicant
AND: ELAINE MARY VOS
Respondent
JUDGE: SUNDBERG J
DATE OF ORDER: 29 NOVEMBER 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The proceeding in the Court numbered S7173 of 1999 be transferred to the Darwin Registry of the Family Court. 2. The applicant pay the respondent's costs of the motion notice of which was filed on 25 October 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 7173 OF 1999
IN THE MATTER OF THE BANKRUPT ESTATE OF
JOHANNES CORNELIS VOS
BETWEEN: BRUCE JAMES CARTER as Trustee for the Bankrupt Estate of JOHANNES CORNELIS VOS
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