Turner v Official Trustee in Bankruptcy [1999] FCA 1817

FEDERAL COURT OF AUSTRALIA

Turner v Official Trustee in Bankruptcy [1999] FCA 1817 BANKRUPTCY – appeal from declaration that Official Trustee in Bankruptcy is entitled to become registered proprietor of property in land – operation of order made by Family Court that purported transfer of land be set aside – meaning and operation of subs 85(1) and (2) of the Family Law Act 1975 (Cth) – whether order setting aside transfer was in rem and so effective against third party JURISDICTION – invalidity of cross-vesting scheme – accrued jurisdiction – whether State legislation empowers Supreme Court of New South Wales specifically

WORDS AND PHRASES – "transfer", "instrument", "disposition"

Real Property Act 1900 (NSW) s 138 Family Law Act 1975 (Cth)s 85 Family Provision Act 1982 (NSW) s 31 Federal Courts (State Jurisdiction) Act 1999 (NSW) s 4(2) Bankruptcy Act 1966 (Cth) New South Wales Insurance Ministerial Corporation v Anderson (Gleeson CJ, Kirby P and Priestly JA, 14 June 1994, unreported) followed McGovern v State of Victoria [1984] VR 570 followed Re Wakin (1999) 163 ALR 270 applied Smith v Smith (1986) 161 CLR 217 applied Edensor Nominees Pty Limited v Australian Securities & Investments Commission [1999] FCA 1722 discussed Robins v Incentive Dynamics Pty Ltd [1999] FCA 1651 discussed

IN THE MATTER OF EDWIN JOHN TURNER KENNETH EDWIN TURNER v

OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATE OF EDWIN JOHN TURNER N 637 of 1999 O'CONNOR, TAMBERLIN AND MANSFIELD JJ SYDNEY 23 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 637 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

IN THE MATTER OF EDWIN JOHN TURNER

BETWEEN: KENNETH EDWIN TURNER

APPELLANT

AND: OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATE OF EDWIN JOHN TURNER