Official Trustee in Bankruptcy, in the matter of Halls v Halls [2000] FCA 354

FEDERAL COURT OF AUSTRALIA

Official Trustee in Bankruptcy, in the matter of Halls v Halls [2000] FCA 354 BANKRUPTCY - declaration sought that the respondent was discharged from bankruptcy – Official Trustee had granted an application by the respondent for an early discharge from his bankruptcy pursuant to s 149S of the Bankruptcy Act 1966 (Cth) – s 149S provides that such an application may only be made after six months from the date of filing of a statement of affairs, and s 54(1) at that time required the statement of affairs to be filed with the Registrar - the respondent had, more than six months prior to his application for early discharge, delivered two unsigned copies of his statement of affairs to an officer of Insolvency and Trustee Services, but had not filed it – whether an application for and grant of an early discharge is a "proceeding" under the Act - whether the requirement of s 149S is an essential condition of eligibility for early discharge – whether, if it is not such an essential condition, it would be appropriate in this case to apply s 306(1) and treat the proceedings, culminating in the grant of an early discharge, as not invalidated by the irregularity constituted by the respondent's failure to file the statement of affairs with the Registrar as s 54(1) then required Bankruptcy Act 1966 (Cth), ss 54(1), 149S, 306(1)

Sofia v Pattison (Finkelstein J, 20 October 1997, unreported), applied IN THE MATTER OF JASON TERRENCE HALLS OFFICIAL TRUSTEE IN BANKRUPTCY v JASON TERRENCE HALLS N 8523 OF 1999 LEHANE J 16 MARCH 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 8523 OF 1999

IN THE MATTER OF JASON TERRENCE HALLS

BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY

APPLICANT

AND: JASON TERRENCE HALLS

RESPONDENT