Force, Alexander v Force, Gilda [1998] FCA 1451

Force, Alexander v Force, Gilda [1998] FCA 1451

Given the overlap of the issues regarding the proper construction, and possible variation, of the Family Court orders, it is appropriate to transfer the proceeding to the Family Court of Australia under s 35A of the Bankruptcy Act. The Family Court is the proper venue to determine the intertwined matters.

Parties
Applicant: alexander force; Respondent: gilda force
Jurisdiction
Australia
Judgment Date
20 October 1998
Procedural Posture
Bankruptcy Application / Application to Set Aside Bankruptcy Notice and Transfer Proceedings
Outcome
Application granted to transfer proceeding to Family Court of Australia. Time for compliance with bankruptcy notice extended.
Legal Topics
Setting Aside Bankruptcy Notice, Transfer of Proceedings, Interpretation of Court Orders
Bankruptcy Family Law Procedure Setting Aside Bankruptcy Notice Transfer of Proceedings Interpretation of Court Orders

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Parties

alexander force

Applicant

gilda force

Respondent

Procedural Posture

Bankruptcy Application / Application to Set Aside Bankruptcy Notice and Transfer Proceedings

Legal Issues

  1. 1 Whether the bankruptcy notice should be set aside due to the amount not being due
  2. 2 Whether this proceeding should be transferred to the Family Court under s 35A of the Bankruptcy Act and s 5(5) of the Jurisdiction of Courts Cross-Vesting Act
  3. 3 Proper construction of the Family Court order of 11 February 1998 regarding settlement and payment obligations

Ratio Decidendi

Given the overlap of the issues regarding the proper construction, and possible variation, of the Family Court orders, it is appropriate to transfer the proceeding to the Family Court of Australia under s 35A of the Bankruptcy Act. The Family Court is the proper venue to determine the intertwined matters.

Court Disposition

Application granted to transfer proceeding to Family Court of Australia. Time for compliance with bankruptcy notice extended.

Orders

  • The proceeding is transferred to the Family Court of Australia pursuant to s 35A of the Bankruptcy Act.
  • Time for compliance with the bankruptcy notice is extended until the Family Court hears and determines the application, unless otherwise ordered.