Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Trustees of the Property of Morris (Bankrupt) v Morris (Bankrupt) [2016] FCA 846 File number: QUD 432 of 2016
Judge: LOGAN J
Date of judgment: 22 July 2016
Catchwords: BANKRUPTCY – after-acquired property – life insurance payments to widowed spouse of member of superfunds – widowed spouse bankrupt – whether payments from superfunds constitutes after-acquired property divisible amongst creditors and vested in trustees in bankruptcy – Bankruptcy Act 1966 (Cth) ss 58, 116 SUPERANNUATION – after-acquired property – life insurance payments to widowed spouse of member of superfunds – widowed spouse bankrupt – whether payments from superfunds constitute after-acquired property divisible amongst creditors and vested in trustees in bankruptcy – whether interest in superannuation fund ought to be construed as superannuation interest as defined in Superannuation Industry (Supervisions) Act 1993 (Cth) – Bankruptcy Act 1966 (Cth) ss 58, 116
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 58(1), 116, 116(1), 116(2), 116(2)(a), 116(2)(d), 116(2)(d)(iii) , 116(2)(d)(iii)(A), 116(2)(d)(iv), 116(2)(d)(iva), 116(2)(d)(vii) Family Law Act 1975 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth)
Cases cited: Di Cioccio v Official Trustee in Bankruptcy (2015) 229 FCR 1 Lin, Re; Law v Lin (1960) 18 ABC 142 NM Superannuation Pty Ltd v Young (1993) 41 FCR 182 Sainsbury v Inland Revenue Commissioners [1970] Ch 712
Date of hearing: 22 July 2016
Registry: Queensland
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