Trustee of the Property of Patrick Bede O'Reilly v Law Society of New South Wales [2001] FCA 701

FEDERAL COURT OF AUSTRALIA

Trustee of the Property of Patrick Bede O'Reilly v Law Society of New South Wales [2001] FCA 701 BANKRUPTCY – property of bankrupt vesting in trustee of bankrupt's estate – where property acquired before bankruptcy ("before-acquired property") vests upon bankruptcy – where property acquired after bankruptcy ("after-acquired property") vests upon acquisition or devolution – income of bankrupt as property – whether before-acquired income consisting of personal earnings does not vest – where no statutory provision to that effect – where statutory provision has effect that after-acquired income does not vest – whether, pursuant to "common law of bankruptcy", before-acquired income consisting of personal earnings does not vest – whether "common law of bankruptcy" provides basis for statutory implication that before-acquired income consisting of personal earnings does not vest – whether "common law of bankruptcy" should only be accepted as providing such basis where pressing reason for doing so. Bankruptcy Act 1966 (Cth) ss 5(1), 58(1)(a), 58(1)(b), 58(6), 116(1)(a), 116(2)(g), Pt VI, Div 4B Re Gillies; Ex parte Official Trustee in Bankruptcy v Gillies (1993) 42 FCR 571 followed Re Hawkins; Ex parte Worrell (1996) 71 FCR 371 referred to Re Sharpe; Ex parte Donnelly (1998) 80 FCR 536 referred to Geia v Palm Island Aboriginal Council [2001] 1 Qd R 245 followed Chipendall v Tomlinson (1785) 4 Dougl 318; 99 ER 900 referred to In re Roberts [1900] 1 QB 122 considered Williams and Muir Hunter on Bankruptcy 19th ed. 1979 Practice and Procedure High Court and Federal Court of Australia looseleaf

TRUSTEE OF THE PROPERTY OF PATRICK BEDE O'REILLY, A BANKRUPT v LAW SOCIETY OF NEW SOUTH WALES NG 8447 of 1997 KATZ J 12 JUNE 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA