Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gittins v Field (Trustee) [2018] FCA 976 File number: WAD 532 of 2017
Judge: CHARLESWORTH J
Date of judgment: 29 June 2018
Catchwords: BANKRUPTCY – bankrupt in receipt of income in the nature of monthly payments under an income protection policy – whether payments are income for the purposes of Div 4B of Pt VI of the Bankruptcy Act 1966 (Cth) – whether bankrupt liable to pay a contribution to his bankrupt estate calculated by reference to the amount of the payments – whether application of income contribution scheme impliedly excluded or modified by reason of the payments being in the nature of compensation for personal injury
Legislation: Bankruptcy Act 1924 (Cth) s 101 Bankruptcy Act 1966 (Cth) ss 5, 42, 58, 60, 116, 120, 121, 122, 131, 134, 139, 139J, 139L, 139N, 139P, 139R, 139S, 139T, 139U, 139V, 139W, 139ZG, 139ZQ, 140, 149D, Pt VI, Div 4B, Div 5 Bankruptcy Amendment Act 1991 (Cth)
Cases cited: Berryman v Zurich Australia Ltd [2016] WASC 196 Combis, the Trustee of the Property of Landers, a Bankrupt v Harding, Billington and Regan as Executors of the Deceased Estate of Billington [2014] FCA 1391 Cox v Journeaux (No 2) (1935) 52 CLR 713 Di Cioccio v Official Trustee in Bankruptcy (2015) 229 FCR 1 Dwyer v Ross (1992) 34 FCR 463 Federal Commissioner of Taxation v Smith (1981) 147 CLR 578 MacMahon Contractors Pty Ltd v Lee [2017] NTSC 33 Moss v Eaglestone (2011) 83 NSWLR 476 Nyoni v Pharmacy Board of Australia (No 4) [2017] FCA 911 Randall v Deputy Commissioner of Taxation (2008) 174 FCR 441 Re Gillies; Ex parte Official Trustee in Bankruptcy (1993) 42 FCR 571 Re Lee (2012) 207 FCR 96 Re Sharpe; Ex parte Donnelly (1998) 80 FCR 536 Re Weiss; Ex Parte Official Trustee in Bankruptcy (1985) 7 FCR 121 Royal v El Ali [2016] FCA 782 Sheehan v Brett-Young & Ors (No 3) [2016] VSC 39 Watson v Deputy Commissioner of Taxation (2010) 182 FCR 104 Watson v Secretary, Department of Family and Community Services (2003) 128 FCR 564 Wilson v United Counties Bank Ltd [1920] AC 102
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