Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oliver v Malanos [2011] FCA 1354 Citation: Oliver v Malanos [2011] FCA 1354
Appeal from: Oliver v Malanos [2011] FMCA 2
Parties: STEPHEN JAMES OLIVER v NICHOLAS MALANOS, IN HIS CAPACITY AS TRUSTEE OF THE PROPERTY OF TINA POH-CHOOI FUNG, A BANKRUPT
File number: NSD 145 of 2011
Judge: COWDROY J
Date of judgment: 1 December 2011
Catchwords: BANKRUPTCY AND INSOLVENCY – disputed funds deposited in a joint bank account – whether such funds are vested in trustee in bankruptcy – whether s 59A of the Bankruptcy Act 1966 (Cth) operates to make the vesting provisions in the Bankruptcy Act 1966 (Cth) subject to consent orders made under s 79(1) of the Family Law Act 1975 (Cth) BANKRUPTCY AND INSOLVENCY – whether consent orders can 'carve out' an equity out of a bankrupt estate so that the funds do not vest in the trustee TRUSTS AND TRUSTEES – whether consent orders created a valid trust – what constitutes a validly created trust
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 59A, 129(4A), 178 Bankruptcy and Family Law Legislation Amendment Act 2005 (Cth) Family Law Act 1975 (Cth) ss 79, 79A
Cases cited: Anning v Anning (1907) 4 CLR 1049 Corin v Patton (1990) 169 CLR 540 Craven v The Official Trustee in Bankruptcy (unreported, Supreme Court, NSW, Needham AJ, 26 July 1991) De Lasala v De Lasala [1980] AC 546 Harris v Walker (1969) 14 FLR 167 Hunter v Moss [1994] 3 All ER 215 Jones v Daniel (2004) 141 FCR 148 Milroy v Lord [1861-73] All ER 783 Mullane v Mullane (1983) 158 CLR 436 Official Trustee in Bankruptcy v Mateo (2003) 127 FCR 217 Sonenco (No 77) Pty Ltd v Silvia (1989) 24 FCR 105
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate