SETTING ASIDE A BANKRUPTCY NOTICE BY GOING BEHIND THE DEBT
AbstractIn an article in the Australian Law Journal the power of a court exercising jurisdiction jinder the Bankruptcy Act 1966 (Cth.) (the Bankruptcy Court) to examine the judgment of another court was considered. It was pointed out that the Bankruptcy Court has the power to inquire into the consideration for a judgment debt when the judgment debt is relied on by a creditor who presents a creditor's petition, but that it is impossible to lay down any strict or inflexible rules as to when this power will be exercised. The recent unreported decision of Pincus J. of the Federal Court of Australia in Re V. & J. Removals; Ex p. Earl sheds some light on the circumstances in which the court's power will be exercised.
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