Re Nemeth, F. v. Ex parte Nemeth, L.M. [1987] FCA 327

Re Nemeth, F. v. Ex parte Nemeth, L.M. [1987] FCA 327

The Family Court's order for the payment of $450,000 is a final order within the meaning of s.40(1)(g) of the Bankruptcy Act 1966, and the Registrar's refusal to issue a bankruptcy notice was incorrect; the appeal should be allowed.

Parties
Appellant: Linda Mary Nemeth; Respondent: Ferdinand Nemeth
Jurisdiction
Australia
Judgment Date
26 June 1987
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Final Judgment or Order, Bankruptcy Notice, Property Settlement, Order Finality, Section 40(1)(g) Bankruptcy Act
Bankruptcy Family Law Civil Procedure Final Judgment or Order Bankruptcy Notice Property Settlement Order Finality Section 40(1)(g) Bankruptcy Act

Case Brief

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Parties

Linda Mary Nemeth

Appellant

Ferdinand Nemeth

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Family Court order is a final judgment or final order under s.40(1)(g) of the Bankruptcy Act 1966.
  2. 2 Whether the Registrar's refusal to issue a bankruptcy notice was correct.

Ratio Decidendi

The Family Court's order for the payment of $450,000 is a final order within the meaning of s.40(1)(g) of the Bankruptcy Act 1966, and the Registrar's refusal to issue a bankruptcy notice was incorrect; the appeal should be allowed.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Application for leave to appeal dismissed.