Soloman v Official Receiver in Bankruptcy, in the matter of Soloman [2023] FCA 1462

Federal Court of Australia

Soloman v Official Receiver in Bankruptcy, in the matter of Soloman [2023] FCA 1462 File number: ACD 34 of 2023

Judgment of: CHEESEMAN J

Date of judgment: 23 November 2023

Catchwords: BANKRUPTCY – statement of affairs – whether to be treated as having been filed at a date earlier than it was actually filed – Held: Application granted.

Legislation: Bankruptcy Act 1966 (Cth) ss 33A, 54(1), 149(4) Bankruptcy Regulations 1966 (Cth) r 16.02

Cases cited: Talent v Official Receiver in Bankruptcy [2020] FCA 1249

Division: General Division

Registry: Australian Capital Territory

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 33

Date of hearing: 23 November 2023

Counsel for the Applicant: Mr C D Wood SC and Mr B Necovski

Solicitor for the Applicant: Than & Associates

Solicitor for the Respondent: Ms A Robertson of Australian Government Solicitor

ORDERS ACD 34 of 2023 IN THE MATTER OF PHILLIP AZIZ SOLOMAN BETWEEN: PHILLIP AZIZ SOLOMAN Applicant

AND: OFFICIAL RECEIVER FOR AND ON BEHALF OF OFFICIAL TRUSTEE IN BANKRUPTCY Respondent

order made by: CHEESEMAN J DATE OF ORDER: 23 November 2023

THE COURT ORDERS THAT:

1. Pursuant to s 33A of the Bankruptcy Act 1966 (Cth), the applicant's statement of affairs dated 15 April 2020 attached to the email dated 17 April 2023 at 11:05am (which is annexure PAS-8 to the affidavit of the applicant of 31 May 2023) is to be treated as having been filed 2 years, 11 months and 1 day before the making of this order. 2. Within 2 days of the making of these orders a copy of these orders be sent by the applicant by registered post to the residential address of the only known creditor as disclosed by the electoral roll. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.