Official Receiver, in the matter of Mottershead [2024] FCA 823

Federal Court of Australia

Official Receiver, in the matter of Mottershead [2024] FCA 823 File numbers: WAD 52 of 2024 WAD 53 of 2024 WAD 54 of 2024

Judgment of: FEUTRILL J

Date of judgment: 3 July 2024

Date of publication of reasons: 25 July 2024

Catchwords: BANKRUPTCY – referral of debtor's petitions against a partnership for directions under s 56C(1)(b) and s 56C(3) of the Bankruptcy Act 1966 (Cth) – consideration of principles applicable for specifying the time for commencement of the bankruptcy under s 56C(5) of the Bankruptcy Act

Legislation: Bankruptcy Act 1966 (Cth) ss 40(1)(daa), 56A-56G, 56C(1), 56C(1)(b), 56C(3), 56C(5); Pt IV, Div 3

Cases cited: Official Receiver v Chan [2024] FCA 542

Division: General Division

Registry: Western Australia

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 13

Date of hearing: 3 July 2024

Counsel for the Applicant: Mr D Welsh

Solicitor for the Applicant: Australian Government Solicitor

ORDERS WAD 52 of 2024 IN THE MATTER OF WILLIAM HALE MOTTERSHEAD OFFICIAL RECEIVER Applicant

order made by: FEUTRILL J DATE OF ORDER: 3 July 2024

THE COURT ORDERS THAT:

1. Pursuant to s 56C(3) of the Bankruptcy Act 1966 (Cth), the Official Receiver be directed to accept the debtor's petition of William Hale Mottershead against the partnership WH & SE Mottershead & Sons. 2. Pursuant to s 56C(5) of the Bankruptcy Act, the time of commencement of the bankruptcy of William Hale Mottershead be 9 March 2024. 3. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.