Federal Court of Australia
Federal Court of Australia
Combis (Trustee) v Geason [2024] FCA 844 File number: QUD 277 of 2024
Judgment of: LOGAN J
Date of judgment: 24 July 2024
Catchwords: PRACTICE AND PROCEDURE – application under s 146 of the Bankruptcy Act 1966 (Cth) for distribution of estate notwithstanding failure to file statement of affairs under s 54(1) – ss 54(1), 146 Bankruptcy Act – where statement of affairs allegedly not filed with Official Receiver – where prosecution for contravention of s 54(1) discontinued on public interest grounds – where bankrupt alleges statement of affairs filed with Official Receiver – need for inquiry by Official Receiver – power of court under s 30(2) of the Bankruptcy Act to order inquiry – inquiry by Official Receiver ordered and hearing of s 146 application adjourned HIGH COURT AND FEDERAL COURT – right of practice in courts exercising federal jurisdiction – s 55B Judiciary Act 1903 (Cth) – communication with judge's Associate by person in law firm acting for a party by person not apparently on roll of practitioners kept under Judiciary Act – explanatory affidavit by supervisor of person required to be filed to determine whether reference to professional regulator necessary
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 54, 140, 146 Judiciary Act 1903 (Cth) s 55B
Cases cited: Rahman v Lombe [2018] FCA 457
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 14
Date of hearing: 24 July 2024
Counsel for the Applicant: Mr MJ Downes
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