Federal Court of Australia
Federal Court of Australia
Meagher and Cronan (Trustee), in the matter of Laguzza (Bankrupt) v Laguzza [2024] FCA 314 File number: QUD 130 of 2024
Judgment of: LOGAN J
Date of judgment: 26 March 2024
Catchwords: BANKRUPTCY AND INSOLVENCY – where the trustees of a bankrupt estate make an application for an order under s 146 of the Bankruptcy Act 1966 (Cth) (the Act) to proceed with the distribution of dividends – where the bankrupt has not filed a statement of affairs but appears to be solvent – where no appearance for the bankrupt – application granted MENTAL HEALTH – where the bankrupt, on the evidence, appears to be highly distressed – where no express provision for intergovernmental welfare referrals in the Act – whether Court should nonetheless exercise its power to facilitate welfare support of bankrupt – orders accordingly
Legislation: Constitution Bankruptcy Act 1966 (Cth) ss 30, 54, 77CA, 146 Family Law Act 1975 (Cth) Federal Court of Australia Act 1976 (Cth) s 23
Cases cited: In the matter of Stubberfield v Stubberfield (Bankrupt) [1999] FCA 1862 McLean (Trustee) in the matter of Erbas (Bankrupt) v Erbas [2019] FCA 1763 Re Shaw Official Trustee in Bankruptcy [1999] FCA 968
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 26
Date of hearing: 26 March 2024
Counsel for the Applicant: Mr S Trewavas
Solicitor for the Applicant: OMB Solicitors
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