Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Van Dyke v Lo Pilato, in the matter of Sidhu [2016] FCA 1347 File number: NSD 1595 of 2015
Judge: KATZMANN J
Date of judgment: 8 November 2016
Catchwords: BANKRUPTCY — Application by creditor for leave to bring proceedings against a bankrupt under s 58(3) of the Bankruptcy Act 1966 (Cth) to set aside or vary consent orders for the alteration of property interests made in the Family Court — where debtor and wife failed to disclose in application for orders creditor's interest in a property and creditor not notified of application — where trustee unwilling to take action unless put in funds
Legislation: Family Law Act 1975 (Cth) s 79A Bankruptcy Act 1966 (Cth) ss 58, 81
Cases cited: Fraser v Commissioner of Taxation (1996) 69 FCR 99 Green v Official Trustee in Bankruptcy, in the matter of Schneller (Bankrupt) [2001] FCA 1644 Macquarie Bank Ltd v Bardetta [2005] FCA 507; 216 ALR 670 Re McMaster; Ex parte McMaster (1991) 33 FCR 70 Semmens v Commonwealth (1989) 13 Fam LR 715 Sidhu v Van Dyke (2014) 251 CLR 505 Taylor v Taylor (1979) 143 CLR 1 Van Dyke v Sidhu [2014] NSWSC 1341
Date of hearing: 8 November 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 43
Counsel for the Applicant: Mr D Ash
Counsel for the Respondent: The Respondent did not appear
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