Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hayward v Scott as Trustee of the Debtor Estate of Hayward [2013] FCA 421 Citation: Hayward v Scott as Trustee of the Debtor Estate of Hayward [2013] FCA 421
Parties: JAMES HAYWARD v ANDREW JOHN SCOTT AND SCOTT DARREN PASCOE AS TRUSTEE OF THE DEBTOR ESTATE OF JAMES HAYWARD and CAMERON MACMILLAN THORNTON
File number: VID 957 of 2011
Judge: GRAY J
Date of judgment: 9 May 2013
Catchwords: BANKRUPTCY – personal insolvency agreement – debt – whether debtor released from debt – consent judgment of Supreme Court of South Australia – judgment for sum of money owed pursuant to judgment of foreign court and for costs – whether consent to judgment a maintenance agreement – whether registered in, or approved by, court – whether order of court a maintenance order – whether distinction between debt and liability BANKRUPTCY – personal insolvency agreement – whether power to order release from liability to pay arrears of maintenance – whether such an order should be made
Legislation: Bankruptcy Act 1966 (Cth) ss 5(1), 82, 82(1), 82(1A), 153, 153(1), 153(2)(c), 153(2A), 188, Pt X ss 230, 230(1), 230(3), 231 Child Support (Assessment) Act 1989 (Cth) Family Law Act 1975 (Cth) ss 4(1) Pt VIIIAB 74(1), 75, 75(2)(g), 86, 86(3), 87, 90B, 90C, 90D Foreign Judgments Act 1971 (SA) Foreign Judgments Act 1991 (Cth) Maintenance Act 1964 (NSW)
Cases cited: Re Morris, Morris v Wilson (1974) 3 ALR 47 considered
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