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Bankruptcy and insolvency

Mouglalis v Bendigo and Adelaide Bank Ltd

Mouglalis v Bendigo and Adelaide Bank Ltd [2017] FCAFC 47

Full Court appeal about bankruptcy compositions, sequestration orders and discharge timing. The Court upheld the sequestration orders, with a slip correction to the commencement date.

  • Sequestration orders
  • Setting aside compositions
  • Date of bankruptcy commencement
  • Discharge from bankruptcy
  • Powers under bankruptcy act s 222(8)
  • Bankruptcy-and-insolvency
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Bankruptcy

Official Trustee in Bankruptcy v Arundell

Official Trustee in Bankruptcy v Arundell [2005] FCA 1286

The Federal Court dismissed an application concerning an examination summons in bankruptcy after the Official Trustee gave an undertaking limiting questioning.

  • Examination summons
  • Conflict of interest
  • Discharge from bankruptcy
  • Costs
  • Bankruptcy
  • Examination-summons
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Bankruptcy

Brownlee v Manteit

Brownlee v Manteit [2000] FCA 1937

The Federal Court declared that a failure to file a statement of affairs in 1995 was only an irregularity under s 306 of the Bankruptcy Act and did not invalidate the proceedings.

  • Irregularity in filing statement of affairs
  • Discharge from bankruptcy
  • Bankruptcy
  • Procedural-irregularity
  • Statement-of-affairs
  • Discharge-from-bankruptcy
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Bankruptcy

Official Trustee in Bankruptcy, in the matter of Halls v Halls

Official Trustee in Bankruptcy, in the matter of Halls v Halls [2000] FCA 354

The Federal Court declared that Halls’ early discharge from bankruptcy was valid despite his failure to file a statement of affairs in the Registrar’s office.

  • Discharge from bankruptcy
  • Filing of statement of affairs
  • Irregularity in proceedings
  • Statutory interpretation
  • Bankruptcy
  • Early-discharge
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Bankruptcy

Re Ridge, O.

Re Ridge, O. [1994] FCA 928

The Federal Court abridged the bankruptcy discharge period for Owen John Ridge and declared the statement of affairs filing effective under the Bankruptcy Act 1966.

  • Discharge from bankruptcy
  • Abridgement of discharge period
  • Bankruptcy
  • Discharge-from-bankruptcy
  • Statutory-interpretation
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Bankruptcy

Re Gough, A.M. Ex parte Official Trustee in Bankruptcy The Trustee of the Estate of Gough, A.M.

Re Gough, A.M. Ex parte Official Trustee in Bankruptcy The Trustee of the Estate of Gough, A.M. [1988] FCA 36

The Federal Court declared that Agnes Marie Gough was still an undischarged bankrupt on 17 August 1987, because her 1976 and 1979 bankruptcies had not been discharged.

  • Discharge from bankruptcy
  • Effect of subsequent bankruptcy
  • Automatic discharge
  • Section 149 bankruptcy act 1966
  • Bankruptcy
  • Discharge-from-bankruptcy
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Bankruptcy

Re McAuley, W.J. v. Ex parte McAuley, W.J.

Re McAuley, W.J. v. Ex parte McAuley, W.J. [1988] FCA 49

On an application for discharge from bankruptcy, French J ordered discharge suspended for three months and made it conditional on no business activity before the statutory date.

  • Discharge from bankruptcy
  • Bankrupt's conduct
  • Commercial morality
  • Public interest
  • Bankruptcy
  • Discharge-from-bankruptcy
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Administrative law

Klepp, H.H. v Gibb, W.P. & Anor

Klepp, H.H. v Gibb, W.P. & Anor [1987] FCA 630

The Federal Court dismissed an extradition review by Hans Heinz Klepp and confirmed his committal to prison, and separately ordered Roger Keith Mullen discharged from bankruptcy.

  • Extradition—review of magistrate's committal decision
  • Jurisdiction of magistrate
  • Authenticity and sufficiency of extradition material
  • Discharge from bankruptcy
  • Trustee objections to discharge
  • Creditor objections to discharge
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Bankruptcy

Re Moore-Smith, G.M. v. Ex parte The Bankrupt

Re Moore-Smith, G.M. v. Ex parte The Bankrupt [1987] FCA 596

The Federal Court refused an early discharge from bankruptcy because the applicant had not shown cogent grounds or enough evidence about the causes of the failed company.

  • Discharge from bankruptcy
  • Director disqualification
  • Company insolvency
  • Bankruptcy-discharge
  • Director-disqualification
  • Company-insolvency
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.