Mansfield v State of Victoria [2002] FCA 1175

FEDERAL COURT OF AUSTRALIA

Mansfield v State of Victoria [2002] FCA 1175

BANKRUPTCY – whether parking infringement penalties are provable debts – whether the penalties were imposed by an order of a court – whether the Court should stay legal process for the enforcement by the PERIN procedure of payment of the penalties

WORDS AND PHRASES – "penalties or fines imposed by a court"

Bankruptcy Act 1966 (Cth) ss 60(1) and 82

Storey v Lane (1981) 147 CLR 549 - applied Re Sutherland-Cropper (1985) 61 ALR 713 - cited Re Bradbury (1931) 3 A.B.C. 204 - cited Re Higgins; Ex parte Higgins and Nicholson (1984) 4 FCR 533 - cited Harris v Caladine (1991) 172 CLR 84 - cited MICHELLE MANSFIELD v STATE OF VICTORIA V7014 OF 2002 MERKEL J 27 SEPTEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7014 OF 2002

BETWEEN: MICHELLE MANSFIELD

APPLICANT

AND: STATE OF VICTORIA

RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 27 SEPTEMBER 2002

WHERE MADE: MELBOURNE

THE COURT MAKES THE FOLLOWING DECLARATION AND ORDERS: 1. Declare that the unpaid penalties or fines and costs payable by the applicant in respect of parking infringements by her in the City of Port Phillip prior to her bankruptcy on 29 March 2001 are provable debts in her bankruptcy ("the provable debts"). 2. Order that there be a stay of any legal process, whether civil or criminal, against the applicant or her property: (a) in respect of the non-payment of the provable debts or of a pecuniary penalty or fine payable in consequence of the non-payment of the provable debts; or (b) in consequence of the applicant's refusal or failure to comply with orders of the Magistrate's Court of Victoria for the payment of the said penalties, fines or costs. 3. Reserve liberty to apply. 4. The respondent pay the applicant's costs of and incidental to the proceeding.