Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aravanis & Roy (Trustees), in the matter of Destanovic (Bankrupt) v Destanovic [2016] FCA 388 File number: NSD 1614 of 2015
Judge: FARRELL J
Date of judgment: 18 April 2016
Catchwords: BANKRUPTCY – application by official trustees for declaration that property is subject to a charge under s 139ZR(1) of the Bankruptcy Act 1966 (Cth) and for orders for and incidental to effecting the power of sale under s 139ZR(6) – where respondent is wife of the bankrupt – where respondent and bankrupt transferred bankrupt's joint tenancy interest in matrimonial home to the respondent – where consideration was "love and affection" – where respondent served with s 139ZQ notice – where confirmation that respondent aware of proceedings but did not appear or challenge the s 139ZQ notice – consideration of Pt VI Div 4B subdiv J of the Bankruptcy Act 1966 (Cth)
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 32, 120, 121, 139K, Pt VI Div 4B subdiv J Judiciary Act 1903 (Cth) s 79
Cases cited: Coco v The Queen (1994) 179 CLR 427; [1994] HCA 15 Coshott v Prentice (2014) 221 FCR 450 ; [2014] FCAFC 88 Re Lucera; Ex parte Official Trustee in Bankruptcy v Lucera (1994) 53 FCR 329; [1994] FCA 1380 Vale v Sutherland (2009) 237 CLR 638; [2009] HCA 26 Verge (Trustee), in the matter of Underdown (deceased) (a bankrupt) v Fazio [2013] FCA 18
Date of hearing: 12 April 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
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