Beaman v Bond, in the matter of an authority under section 188 of the Bankruptcy Act 1966 (Cth) signed by Craig David Bond [2013] FCA 534

FEDERAL COURT OF AUSTRALIA

Beaman v Bond, in the matter of an authority under section 188 of the Bankruptcy Act 1966 (Cth) signed by Craig David Bond [2013] FCA 534 Citation: Beaman v Bond, in the matter of an authority under section 188 of the Bankruptcy Act 1966 (Cth) signed by Craig David Bond [2013] FCA 534

Parties: DIANNE ELIZABETH BEAMAN v CRAIG DAVID BOND and CHRISTOPHER MICHAEL WILLIAMSON AND DAVID ASHLEY NORMAN HURT (IN THEIR CAPACITIES AS CONTROLLING TRUSTEES OF THE AFFAIRS OF CRAIG DAVID BOND)

File number: WAD 147 of 2013

Judge: MCKERRACHER J

Date of judgment: 31 May 2013

Catchwords: BANKRUPTCY AND INSOLVENCY – application pursuant to s 208 of the Bankruptcy Act 1966 (Cth) to release control of property from trustee – whether entry into personal insolvency agreement by former de facto partner an abuse of Part X to frustrate Family Court proceedings PRACTICE AND PROCEDURE – application under s 5(4) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) to cross-vest s 208 Bankruptcy Act application to the Family Court of Western Australia – whether Family Court of Western Australia has jurisdiction to hear to determine s 208 Bankruptcy Act - whether exclusivity under s 27 of the Bankruptcy Act impliedly repeals s 39(2) in so far as state court's exercising federal jurisdiction in bankruptcy - whether the power to cross-vest limited or impliedly repealed by transfer scheme in the Bankruptcy Act – whether in the interests of justice to exercise discretion to cross-vest - special considerations applicable to a 'special federal matter' WORDS AND PHRASES – 'special federal matter'