Vince (Trustee), in the matter of Sopikiotis (Bankrupt) v Sopikiotis [2012] FCA 573

FEDERAL COURT OF AUSTRALIA

Vince (Trustee), in the matter of Sopikiotis (Bankrupt) v Sopikiotis [2012] FCA 573 Citation: Vince (Trustee), in the matter of Sopikiotis (Bankrupt) v Sopikiotis [2012] FCA 573

Parties: PETER ROBERT VINCE AS TRUSTEE OF THE BANKRUPT ESTATE OF MARIA SOPIKIOTIS v MARIA SOPIKIOTIS

File number: VID 145 of 2012

Judge: BROMBERG J

Date of judgment: 1 June 2012

Catchwords: BANKRUPTCY – s 54(1) Bankruptcy Act 1966 (Cth) – whether document purporting to be a statement of affairs defective – whether bankrupt should be required to file a statement of affairs – order made.

Legislation: Bankruptcy Act 1966 (Cth) ss 6A(2), 30, 54(1)

Cases cited: Wangman v Official Receiver, Insolvency and Trustee Service Australia [2006] FCA 202

Date of hearing: 7 May 2012

Date of order: 7 May 2012

Date of publication of reasons: 1 June 2012

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 11

Counsel for the Applicant: Ms C Gobbo

Solicitor for the Applicant: Maddocks

Counsel for the Respondent: The Respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 145 of 2012

BETWEEN: PETER ROBERT VINCE AS TRUSTEE OF THE BANKRUPT ESTATE OF MARIA SOPIKIOTIS

Applicant

AND: MARIA SOPIKIOTIS

Respondent

JUDGE: BROMBERG J DATE OF ORDER: 7 MAY 2012 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to section 30(5) of the Bankruptcy Act 1966 (Cth), on or before 21 May 2012 the Respondent, in accordance with the requirements of section 54(1) of the Bankruptcy Act 1966 (Cth), make out and file with the Official Receiver a statement of her affairs in the form of the pro-forma statement of affairs provided by the Insolvency and Trustee Service Australia, and furnish a copy of the statement to her trustee, which statement is to be complete, including by providing at least the following information: (a) The name and address of a contact person who does not live with the Respondent; (b) Details of any passports held by the Respondent including the passport number(s), expiry date(s) and country(s) of issue; (c) Details of any driver's licence held by the Respondent including the licence number, expiry date and state of issue; (d) The Respondent's employer's name and address; (e) Details of the Respondent's superannuation fund(s); (f) The Respondent's date of birth; (g) All other names used by the Respondent in the past 10 years; (h) Details of the two previous address(s) occupied by the Respondent, including, for each property, whether the Respondent owned the property and, if so, the date on which each property was sold; (i) Details of all bank accounts held by the Respondent with any bank, building society, credit union or other financial institution within the past 12 months including: (i) the full name of the bank or financial institution; (ii) the branch name; (iii) the account number and type; (iv) the current balance; and (v) whether the account is a joint account. (j) Details of all superannuation and life insurance policies held by the Respondent including: (i) the name of the fund; (ii) whether the fund is regulated; (iii) the balance of the fund; and (iv) the type of fund. (k) Details of any vehicles owned by the Respondent or in which the Respondent has an interest including: (i) the type of vehicle; (ii) the make of vehicle; (iii) the model of the vehicle; (iv) the year of the vehicle; (v) the registration of the vehicle; (vi) the estimated re-sale value; and (vii) details of any amounts owed in respect of the vehicle. (l) Details of any real estate (land or buildings) owned by the Respondent within Australia or overseas including, for each property: (i) the address of the property; (ii) the date the property was acquired or purchased; (iii) the amount paid to acquire or purchase the property; (iv) the estimated resale value of the property; and (v) details of how much the Respondent owes to creditors who hold security over the property. (m) Details of all secured creditors including, for each secured creditor: (i) the creditor's name; (ii) the creditor's postal address; (iii) the account/loan number; (iv) the type of security; (v) the date the security was given; (vi) a description of the secured asset; (vii) the location of the asset; and (viii) the estimated re-sale value of the asset. (n) Details of all unsecured creditors including, for each unsecured creditor: (i) the creditor's name and address; (ii) the nature of the debt; (iii) the account number; (iv) the month/year the debt was incurred; (v) the total amount owing; (vi) whether the unsecured creditor is a related party; and (vii) whether the debt is a joint debt. 2. The Applicant's costs be reserved. 3. The hearing be adjourned to 2 October 2012. 4. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011