Council of the New South Wales Bar Association v Abdul-Karim [2006] FCA 28

FEDERAL COURT OF AUSTRALIA

Council of the New South Wales Bar Association v Abdul-Karim [2006] FCA 28 BANKRUPTCY – personal insolvency agreements – where debtor signed authority to have his affairs dealt with under Part X – where debtor required to give proposal for dealing with his affairs – where proposal required to include draft personal insolvency agreement – where agreement required to identify debtor's property to be available to pay creditors' claims – whether provisions of draft agreement made such identification impossible – whether authority effective – whether authority an abuse of process Bankruptcy Act 1966 (Cth) s 188, 188A(2)(a)

Edelsten v Deputy Commissioner of Taxation (NSW) & Ors (1989) 86 ALR 257 applied THE COUNCIL OF THE NEW SOUTH WALES BAR ASSOCIATION v MICHAEL SAADEY ABDUL-KARIM NSD 96 OF 2006 EDMONDS J 3 FEBRUARY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 96 OF 2006

BETWEEN: THE COUNCIL OF THE NEW SOUTH WALES BAR ASSOCIATION

APPLICANT

AND: MICHAEL SAADEY ABDUL-KARIM

RESPONDENT

JUDGE: EDMONDS J

DATE OF ORDER: 3 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 96 OF 2006

BETWEEN: THE COUNCIL OF THE NEW SOUTH WALES BAR ASSOCIATION

APPLICANT

AND: MICHAEL SAADEY ABDUL-KARIM

RESPONDENT

JUDGE: EDMONDS J

DATE: 3 FEBRUARY 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT

Edmonds J:

Introduction 1 This is an application seeking a declaration that an authority signed by the respondent on 17 January 2006 under s 188 of the Bankruptcy Act 1966 (Cth) ('the Act') is not effective. Alternatively, the applicant seeks an order that the authority be set aside as an abuse of process.