Official Trustee in Bankruptcy, the Trustee of the Property of Phillip Martin Higgins v Higgins [2000] FCA 1850

FEDERAL COURT OF AUSTRALIA

Official Trustee in Bankruptcy, the Trustee of the Property of Phillip Martin Higgins v Higgins [2000] FCA 1850

BANKRUPTCY – application to set aside a transfer of property from a husband to his wife – whether the provisions of the Bankruptcy Act relating to voidable dispositions are subservient to the Family Law Act – where the transfer was made pursuant to orders of the Family Court JURISDICTION – bankruptcy – whether the Federal Court has jurisdiction to set aside a transfer of property – whether, as a matter of discretion, the Federal Court should transfer the matter to the Family Court – where the transfer was made pursuant to orders of the Family Court – where the transferor subsequently became a bankrupt Family Law Act 1975 ss 79 & 79A Bankruptcy Act 1966 ss 35A & 120 Re Sabri; Ex parte Brien v Australia and New Zealand Banking Group Ltd (1996) 21 Fam LR 213 cited Silvera v Savic (1999) 46 NSWLR 124 cited Re Baxter; Ex parte Official Receiver v Baxter (1986) 10 FCR 398 not followed Re Sabri; Ex parte Sabri v Brien (1995) 60 FCR 131 followed Noakes v Harvey Holmes & Son (1979) 26 ALR 297 followed IN THE MATTER OF PHILIP MARTIN HIGGINS OFFICIAL TRUSTEE IN BANKRUPTCY, THE TRUSTEE OF THE PROPERTY OF PHILLIP MARTIN HIGGINS, A BANKRUPT v DIANE TRACEY HIGGINS N7800 OF 2000 TAMBERLIN J SYDNEY 15 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY 7800 OF 2000

IN THE MATTER OF PHILLIP MARTIN HIGGINS

BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY, THE TRUSTEE OF THE PROPERTY OF PHILLIP MARTIN HIGGINS,

A BANKRUPT

APPLICANT

AND: DIANE TRACEY HIGGINS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 15 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is transferred to the Family Court of Australia. 2. The costs of the proceeding in the Federal Court are to be costs in the cause of the trustee's application which is the subject of the transfer. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.