Recent Cases

Inspector-General in Bankruptcy v Rutherfurd (Bankrupt) [2023] FCAFC 99 (28 June 2023) (Rares, Rofe and Downes JJ)


BANKRUPTCY AND INSOLVENCY – where trustee of bankrupt estate made income contribution assessment – where bankrupt requested review of trustee’s decision to make income contribution assessment under s 139ZA of the Bankruptcy Act 1966 (Cth) – where Inspector-General refused request for review – where bankrupt applied for review to the Administrative Appeals Tribunal under s 139ZF(b) – whether Tribunal empowered to make fresh income contribution assessment – whether decision to review the trustee’s assessment forms part of the reviewable decision

ADMINISTRATIVE LAW – scope of Tribunal’s powers on review of a decision under s 43 of the Administrative Appeals Tribunal Act 1975 (Cth) – where there was an intermediate review of the original decision – where intermediate decision was not an affirmation decision – where intermediate decision was a decision to refuse a request for review – whether powers and discretions relevant to decision under review extend to powers and discretions conferred on the original decision-maker – whether “decision” in s 43 refers to the “operative decision” – where scope of powers turns on construction of the Bankruptcy Act 1966 (Cth)