Federal Court of Australia
Federal Court of Australia
Joyce (Trustee), in the matter of Domach v Domach [2023] FCA 888 File number: WAD 121 of 2023
Judgment of: FEUTRILL J
Date of judgment: 28 July 2023
Date of publication of reasons: 1 August 2023
Catchwords: BANKRUPTCY AND INSOLVENCY - trustee in bankruptcy - application for distribution of estate under s 146 of the Bankruptcy Act 1966 (Cth) - where bankrupt failed to file a statement of affairs - where bankrupt's conduct frustrating the distribution of a dividend to the bankrupt's creditors - where bankrupt's solvency uncertain - where full extent of creditors unknown - whether orders should be made
Legislation: Bankruptcy Act 1966 (Cth) ss 54(1), 82(3), 109, 140(1), 146, 153A, 153B; Pt VI, Div 5; Pt III, Div 6
Cases cited: Harrison v Tsamasis [2008] FCA 1313 Official Trustee in Bankruptcy, in the matter of Shaw [1999] FCA 968 Official Trustee in Bankruptcy v Raeffaele, in the matter of Tindaro Raeffaele [2003] FCA 328 Rees (Trustee), in the matter of Stubberfield v Stubberfield (Bankrupt) [1999] FCA 1862
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 21
Date of hearing: 28 July 2023
Counsel for the Applicant: Ms CM Guy
Solicitor for the Applicant: HWL Ebsworth Lawyers
Counsel for the Respondent: The Respondent did not appear
ORDERS WAD 121 of 2023 IN THE MATTER OF THE BANKRUPT ESTATE OF RALPH DOMACH BETWEEN: HELEN LOUISE JOYCE (AS TRUSTEE OF THE BANKRUPT EXTATE OF RALPH DOMACH) Applicant
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