Mr. Brown discusses the cases of Jacks (VSCA), Jatkar (VSC & FCA) and Truthful Endeavour (FCAFC) which are relevant to the recent jurisdictional and standing issues. Mr. Brown discusses three key issues which are present in cases of these circumstances:
- where a party to a proceeding is or was bankrupt;
- where some or all of the property the subject of the proceeding has vested (even where bankrupt discharged); and
- where a trustee in bankruptcy is a party to a proceeding.
Mr. Brown also discusses some of the relevant provisions in the Bankruptcy Act 1966 concerning the jurisdictional issues that arise in bankruptcy cases.
The session is concluded with a Q & A session with His Honour Judge Riethmuller who gives a judicial perspective on the topics raised by Mr Brown.