Federal Court of Australia
Federal Court of Australia
Rutherfurd (Bankrupt) v Inspector-General in Bankruptcy [2022] FCA 1469 File numbers: QUD 109 of 2022 QUD 252 of 2022
Judgment of: LOGAN J
Date of judgment: 11 November 2022
Catchwords: BANKRUPTCY AND INSOLVENCY – Inspector-General in Bankruptcy's power of review regarding decision of a trustee to make assessment of a bankrupt's income and contribution under Pt VI, Div 4B, Subdiv G of the Bankruptcy Act 1966 (Cth) – power of Administrative Appeals Tribunal to review decision of Inspector-General under s 139ZF of the Bankruptcy Act 1966 (Cth) – where Inspector-General decides to refuse to review of a decision by a trustee to make an assessment – whether Tribunal may proceed to review decision by a trustee where the Tribunal upholds a review of the Inspector-General's decision to refuse a request to review the trustee's decision – where s 139ZF(a) and (b) of the Bankruptcy Act 1966 (Cth) are conjunctive – held: Tribunal has power under s 139ZF of the Bankruptcy Act 1966 (Cth) to decide for itself whether to conduct a review requested by a bankrupt, and, if so disposed to conduct a review, to do so
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 43, 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Bankruptcy Act 1966 (Cth) ss 139W, 139ZA, 139ZC, 139ZD, 139ZE, 139ZF, Pt VI Judiciary Act 1903 (Cth) s 39B Veterans' Entitlements Act 1986 (Cth)
Cases cited: Director-General of Social Services v Chaney (1989) 47 FLR 80 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 MDXJ v Secretary, Department of Social Services [2019] FCA 2163 Minister for Immigration and Border Protection v Makasa (2021) 270 CLR 430 Re Gee v Director-General of Social Services (1981) 58 FLR 347 RF Brown & Co Limited v TJ Harrison (1927) 137 LT 549 Shell Co of Australia Ltd v Federal Commissioner of Taxation (1930) 44 CLR 530 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Thiess v Collector of Customs (2014) 250 CLR 664 Victims Compensation Fund Corporation v Brown (2003) 77 ALR 1797
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