Official Assignee in Bankruptcy of the Property of Cooksley, in the matter of Cooksley v Cooksley [2017] FCA 1193

FEDERAL COURT OF AUSTRALIA

Official Assignee in Bankruptcy of the Property of Cooksley, in the matter of Cooksley v Cooksley [2017] FCA 1193 File number: QUD 449 of 2017

Judge: LOGAN J

Date of judgment: 6 October 2017

Catchwords: BANKRUPTCY – person declared bankrupt by High Court of New Zealand – bankrupt in earning income in Australia – request by New Zealand High Court for aid of Federal Court of Australia to enable Australian income contribution to be made to administration of bankrupt's estate in New Zealand – scope and purpose of policy against aiding foreign revenue claims considered – whether request for orders in aid could be characterized as attempt to enforce foreign revenue laws and therefore contrary to public policy – nature of letters of request – Bankruptcy Act 1966 (Cth) s 29 BANKRUPTCY – orders in aid – letters of request – procedure to be followed – Bankruptcy Act 1966 (Cth), s 29 PRIVATE INTERNATIONAL LAW – cross-border insolvency – application for recognition of foreign insolvency proceedings as foreign proceeding pursuant to the cross-border insolvency of the United Nations Commission on International Trade Law – whether assistance should be provided pursuant to the Bankruptcy Act 1966 (Cth), s 29 – Cross-Border Insolvency Act 2008 (Cth), s 6 and s 10

Legislation: Bankruptcy Act 1966 (Cth) ss 5, 15, 18, 29, 303 Cross-Border Insolvency Act 2008 (Cth) s 10 Federal Court (Bankruptcy) Rules 2016 (Cth) r 14.03 Insolvency Act 2006 (NZ) ss 12, 47, 101, 102, 399, 401 Insolvency (Cross-border) Act 2006 (NZ) s 8