Irwin v Irwin

In *Irwin v Irwin*, the Federal Court of Australia considered a creditor’s petition. The petition was brought by the respondent creditor against the applicant debtor.

The primary legal issue before the Court was whether the debtor was carrying on business in Australia for the purposes of the *Bankruptcy Act 1966* (Cth). A secondary issue arose concerning whether a notice under s 78B of the *Judiciary Act 1903* (Cth) was required, although the Court found no constitutional issue had been raised.

Justice Heffernan determined that the debtor was not carrying on business in Australia. The Court applied the principles established in cases concerning the meaning of "carrying on business" in the context of bankruptcy proceedings, focusing on the nature and extent of the debtor's activities within Australia. The Court found that the debtor's limited and sporadic involvement did not amount to carrying on a business. As no constitutional issue was raised, the s 78B notice was deemed unnecessary.

The creditor's petition was dismissed.