Gibson, Margaret Gwen v Gibson, Michael Arthur & Anor [1998] FCA 151

Gibson, Margaret Gwen v Gibson, Michael Arthur & Anor [1998] FCA 151

The proceeding should be transferred to the Family Court for reasons of convenience and cost, as future orders relating to property may need to be varied and potential abuse of process considered, and the Family Court is the appropriate forum to address these matters.

Parties
Applicant: Margaret Gwen Gibson; First Respondent: Michael Arthur Gibson; Second Respondent: The Official Trustee in Bankruptcy
Jurisdiction
Australia
Judgment Date
20 January 1998
Procedural Posture
Application for Transfer of Proceedings / Decision on Transfer Under S 35 a of Bankruptcy Act
Outcome
Proceeding transferred to the Family Court of Australia
Legal Topics
Transfer of Proceedings, Annulment of Bankruptcy, Jurisdiction of Family Court
Bankruptcy Family Law Transfer of Proceedings Annulment of Bankruptcy Jurisdiction of Family Court

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Parties

Margaret Gwen Gibson

Applicant

Michael Arthur Gibson

First Respondent

The Official Trustee in Bankruptcy

Second Respondent

Procedural Posture

Application for Transfer of Proceedings / Decision on Transfer Under S 35 a of Bankruptcy Act

Legal Issues

  1. 1 Whether proceeding should be transferred to the Family Court of Australia under s 35A of the Bankruptcy Act
  2. 2 Convenience and cost of transfer
  3. 3 Jurisdiction of Family Court for associated matters

Ratio Decidendi

The proceeding should be transferred to the Family Court for reasons of convenience and cost, as future orders relating to property may need to be varied and potential abuse of process considered, and the Family Court is the appropriate forum to address these matters.

Court Disposition

Proceeding transferred to the Family Court of Australia

Orders

  • Order that proceeding NG 7040 of 1998 be transferred to the Family Court of Australia
  • Order that parties’ costs of the application to date be their respective costs of the proceeding (NG 7040 of 1998)