Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chamberlain (Trustee) v Tilbrook [2017] FCA 1586 File number: NSD 1039 of 2017
Judge: FLICK J
Date of judgment: 19 December 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – where notice given by Official Receiver pursuant to s 139ZQ of the Bankruptcy Act 1966 (Cth) – where trustee sought recovery of moneys or property as a result of void transaction – where trustee sought recovery of debt stated in notice given by Official Receiver – where non-compliance with notice – where no Defence filed – where no appearance for respondent – judgment entered
Legislation: Bankruptcy Act 1966 (Cth) ss 120, 121, 139K, 139ZQ, 139ZS, 139ZT Federal Court of Australia Act 1976 (Cth) ss 51A, 52 Federal Court Rules 2011 (Cth) rr 5.22, 10.24, 16.07
Cases cited: Combis (Trustee) v Spottiswood (No 2) [2013] FCA 240, (2013) 11 ABC(NS) 407 Halse v Norton (1997) 76 FCR 389 Official Trustee in Bankruptcy v Lopatinsky [2003] FCAFC 109, (2003) 129 FCR 234 Re Aley; Ex parte Sweeney v Aley (1996) 63 FCR 294 Re McLernon; Ex parte SWF Hoists and Industrial Equipment Pty Ltd v Prebble (1995) 58 FCR 391 Re Rose; Godfrey v Whitton [2006] FCA 823 Sampson (Trustee) v Taboada [2017] FCA 79 Vale v Sutherland [2009] HCA 26, (2009) 237 CLR 638
Date of hearing: 28 November and 19 December 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
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