Federal Court of Australia
Federal Court of Australia
Haughton v Shanahan [2024] FCA 160 File number: SAD 52 of 2023
Judgment of: CHARLESWORTH J
Date of judgment: 23 February 2024
Date of publication of reasons: 28 February 2024
Catchwords: BANKRUPTCY – application for an order annulling a bankruptcy under s 153B of the Bankruptcy Act 1966 (Cth) – joinder of the Inspector-General in Bankruptcy as a respondent – applicant seeking "interim relief" against the Inspector-General – applicant alleging the Inspector-General is legally obliged to apply s 86 of the Bankruptcy Act – applicant otherwise alleging the Inspector-General has a legal obligation to ensure that all Trustees in all bankruptcies properly apply s 86 of the Bankruptcy Act in the administration of all bankrupt estates – originating application including no claim against the Inspector-General having reasonable prospects of success – orders for striking out certain parts of the originating application – order for removal of Inspector-General as a party
Legislation: Bankruptcy Act 1966 (Cth) ss 11, 12, 86, 153B
Cases cited: Gye v McIntyre (1991) 171 CLR 609 Majeed v Kerr [2016] FCCA 1625 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 31
Date of hearing: 23 February 2024
Counsel for the Applicant: The Applicant appeared in person
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate