Peacock, in the matter of Peacock v Peacock [2000] FCA 857

FEDERAL COURT OF AUSTRALIA

Peacock, in the matter of Peacock v Peacock [2000] FCA 857

BANKRUPTCY – disclaimer of onerous property – application for vesting of property pursuant to s 133(9) Bankruptcy Act 1966 (Cth) – Commissioner of Titles' caveat pursuant to s 188(iii) Transfer of Land Act 1893 (WA) – "improper dealing" – Family Court of Western Australia order vesting property in applicant – jurisdiction to make an order – matter transferred to Family Court of Western Australia.

Bankruptcy Act 1966 (Cth) s 133(9) Judiciary Act 1903 (Cth) s 39 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) ss 3, 4, 11 Jurisdiction of Courts (Cross-Vesting) Act 1987 (WA) s 4(4) Transfer of Land Act 1893 (WA) s 188(iii) Re Pacific Coals Pty Ltd; Ex Parte Construction, Forestry, Mining and Energy Union [2000] HCA 34 cited McIntosh v National Australia Bank Ltd (1988) 80 ALR 47 cited IN THE MATTER OF MARK WILLIAM PEACOCK EVELYN MARGARET PEACOCK v MARK WILLIAM PEACOCK AND OFFICIAL TRUSTEE IN BANKRUPTCY AND REGISTRAR OF TITLES W 7020 OF 2000

LEE J 23 JUNE 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 7020 OF 2000

IN THE MATTER OF MARK WILLIAM PEACOCK

BETWEEN: EVELYN MARGARET PEACOCK

APPLICANT

AND: MARK WILLIAM PEACOCK

FIRST RESPONDENT

OFFICIAL TRUSTEE IN BANKRUPTCY

SECOND RESPONDENT

REGISTRAR OF TITLES

THIRD RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 23 JUNE 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The matter be transferred to the Family Court of Western Australia. 2. The applicant file an outline of relevant facts and submissions on the reasons for decision in this matter. 3. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.