Re Jensen, Niel Henrik Ex Parte Jensen, Robin Rosemary [1982] FCA 295

Re Jensen, Niel Henrik Ex Parte Jensen, Robin Rosemary [1982] FCA 295

A Family Court order described as 'as and by way of property settlement' but not relating to any particular property is not a property order under s.79 of the Family Law Act, and is likely a maintenance order, which is not a final order for bankruptcy purposes; thus, the creditor's petition must be dismissed.

Parties
Debtor: Niel Henrik Jensen; Petitioning Creditor: Robin Rosemary Jensen
Jurisdiction
Australia
Judgment Date
20 December 1982
Procedural Posture
Bankruptcy Petition / Final Judgment (dismissal of Petition)
Outcome
Petition dismissed
Legal Topics
Creditor's Petition, Bankruptcy Notice, Family Court Order, Property Settlement, Maintenance Order, Final Judgment, Jurisdiction
Bankruptcy Family Law Creditor's Petition Bankruptcy Notice Family Court Order Property Settlement Maintenance Order Final Judgment +1 more

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Parties

Niel Henrik Jensen

Debtor

Robin Rosemary Jensen

Petitioning Creditor

Procedural Posture

Bankruptcy Petition / Final Judgment (dismissal of Petition)

Legal Issues

  1. 1 Whether a Family Court consent order described as a property settlement is a final judgment or final order for bankruptcy purposes
  2. 2 Whether a bankruptcy petition founded on debt under a Family Court Order is a 'matrimonial cause'
  3. 3 Whether the Federal Court has jurisdiction to go behind a Family Court order

Ratio Decidendi

A Family Court order described as 'as and by way of property settlement' but not relating to any particular property is not a property order under s.79 of the Family Law Act, and is likely a maintenance order, which is not a final order for bankruptcy purposes; thus, the creditor's petition must be dismissed.

Court Disposition

Petition dismissed

Orders

  • The sequestration petition is dismissed.
  • No order as to costs.