Part 1 of Volume 10 of the Australian Bankruptcy Cases (New Series) will become available online and distributed with Update 153 of the looseleaf service Australian Bankruptcy Law & Practice in September 2012. The authors Paul McQuade and Michael Gronow have written headnotes for the following significant bankruptcy cases:

 [10 ABC(NS) 1] Lewis v Lamru Pty Ltd (No 3) [2011] FCA 1177

Bankruptcy — Acts of bankruptcy — Bankruptcy notices — Application to set aside — Money paid into — Court by judgment debtor — Whether payment into Court constituted tender of amount due or compliance with bankruptcy notice — Whether monies should be paid out to judgment creditor — Discretion — Appeal — Whether monies should be held pending appeal — Whether dispute that debtor indebted to creditor — Likelihood of debtor being made bankrupt — Bankruptcy Act 1966 (Cth), ss 40(1)(g), 41.

 [10 ABC(NS) 10] Sydney Markets Credit Services Co-operative Ltd v Pisciuneri [2011] FMCA 968

Part X — Authorisation of controlling trustee under the Bankruptcy Act 1966 (Cth), s 188 — Whether substantial compliance — Whether formal defect does not invalidate act under the Bankruptcy Act 1966 (Cth), s 306 — Whether adjournment of creditor’s petition can be sought under the Bankruptcy Act 1966 (Cth), s 33(1)(a) — Whether the court can exercise discretion under the Bankruptcy Act 1966 (Cth), s 52(2)(b) — Acts Interpretation Act 1901 (Cth), s 25C — Bankruptcy Act 1966 (Cth), Pt X, ss 33(1)(a), 52(2)(b), 73, 188, 188(1), 188(2)(a), 189A(2), 189AAA, 306 — Bankruptcy Regulations 1996 (Cth), regs 10.02(3), 10.03(1).

[10 ABC(NS) 24] Mercedes Holdings Pty Ltd v Waters (No 5) [2011] FCA 1428

Part X — Personal insolvency agreement — Release from provable debts — Statutory compensation under s 1325 of the Corporations Act 2001 (Cth) — Breach of Corporations Act 2001 (Cth), s 601FD — Proceedings barred by personal insolvency agreement and s 229(2) of the Bankruptcy Act 1966 (Cth) — Provable debts — Whether breach of s 601FD of the Corporations Act 2001 (Cth) constitutes a breach of trust — Bankruptcy Act 1966 (Cth), ss 82, 82(2), 229(2) — Corporations Act 2001 (Cth), ss 601FD, 1325.

[10 ABC(NS) 59] Re Price (Bankrupt) [2011] FCA 1478

Summons for examination pursuant to s 81(1) of the Bankruptcy Act 1966 (Cth) — Costs — Costs incurred by examinee in complying with summons — Whether examinee entitled to recover costs from bankrupt estate pursuant to the Bankruptcy Act 1966 (Cth), s 81(14) — Recovery of costs prior to amendment of summons — Recovery of costs after amendment of summons — Bankruptcy Act 1966 (Cth), ss 32, 55, 81, 81(7), 81(14) — Bankruptcy Amendment Act 1980 (Cth), s 41 — Bankruptcy Amendment Act 1991 (Cth), s 22 — Federal Court (Bankruptcy) Rules 2005 (Cth), r 6.09 — Federal Court Rules 2011 (Cth), r 40.02.

[10 ABC(NS) 71] King v King [2012] QCA 39

Administration of bankrupt estate — Nature of right to reside in premises — Whether licence to occupy premises vests in trustee in bankruptcy pursuant to the Bankruptcy Act 1966 (Cth), s 58 —  Whether licence to occupy premises is property pursuant to the Bankruptcy Act 1966 (Cth), s 5 — Whether licence grants proprietary or personal interest — Whether action should have been struck out — Bankruptcy Act 1966 (Cth), ss 5, 58, 116, 116(2) — Bankruptcy Regulations 1996 (Cth), reg 6.03(2) — Settled Land Act 1958 (Vic) — Uniform Civil Procedure Rules 1999 (Qld), rr 16(3), 171.

[10 ABC(NS) 80] Osborne v Gangemi (No 3) [2012] FCA 188

Bankruptcy — Arrangements outside bankruptcy — Personal insolvency agreement — Application to set aside — Trustees — Costs — Application for costs — Discretion — Successful party — Allegations against trustees — Bankruptcy Act 1966 (Cth), Pt X.

[10 ABC(NS) 84] Moran v Robertson [2012] FCA 371

Part X — Personal insolvency agreement — Application to have personal insolvency agreement set aside pursuant to the Bankruptcy Act 1966 (Cth), s 222(1) — Whether “creditor” pursuant to s 222(1)(c) of the Bankruptcy Act 1966 (Cth) — Whether trustee assumes personal liability — Whether personal insolvency agreement calculated to benefit creditors generally — Whether prospect or possibility of economic advantage to creditors under bankruptcy — Bankruptcy Act 1966 (Cth), ss 81, 116, 222, 239 — Bankruptcy Legislation Amendment Act 2004 (Cth) — Federal Court of Australia Act 1976 (Cth), s 27.

[10 ABC(NS) 115] Sarkis v Moussa [2012] NSWCA 136

Ramifications and effect of bankruptcy — Appeal — Leave to appeal — Effect of subsequent bankruptcy on judgment debt — Stay of action pursuant to s 60, Bankruptcy Act 1966 (Cth) — Whether trustee elected to discontinue or prosecute action — Whether action deemed abandoned — Whether summons seeking leave to appeal is “action” under s 60, Bankruptcy Act 1966 (Cth) — Whether summons seeking leave to appeal is “property” under s 58, Bankruptcy Act 1966 (Cth) — Bankruptcy Act 1966 (Cth), ss 3(1), 19(1), 58, 60, 178 — Civil Procedure Act 2005 (NSW), ss 56, 61, 67 — Corporations Act 2001 (Cth) — Local Court Act 2007 (NSW), s 40(1) — Uniform Civil Procedure Rules 2005 (NSW), rr 6.1, 12.7, 13.4, 51.1.

[10 ABC(NS) 128] Weeden v Rambaldi [2012] FCA 552

Administration of bankruptcy estate — Joint trustees in bankruptcy — Whether appointment of sole or joint trustee in bankruptcy at meeting of creditors — Whether notices of objection to discharge under s 149B of the Bankruptcy Act 1966 (Cth) is valid — Whether notices of contribution assessment under the Bankruptcy Act 1966 (Cth), s 139(1)(c) is valid — Whether notices invalid as joint trustee acting alone — Bankruptcy Act 1966 (Cth), ss 64Z, 139(1)(c), 139W, 149B, 158, 181, 257, 306, 306(1).