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Re Bond; ex parte Ramsay

Re Bond; ex parte Ramsay

Case [1994] FCA 1052

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AGLC: Re Bond A v. Ex parte Ramsay, R.E. [1994] FCA 1052 ((1994) 126 ALR 720; (1994) 54 FCR 394)
Case: [1994] FCA 1052
Decision Date: 22 DECEMBER 1994

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Citations

Re Bond A v. Ex parte Ramsay, R.E. [1994] FCA 1052 ((1994) 126 ALR 720; (1994) 54 FCR 394)

Most Recent Citation

Re McKee; Ex parte Laroar Holdings v Ross [1996] FCA 1170

Cases Citing This Decision

Thompson v Lane (Trustee) [2023] FCAFC 32
Citation 1 (Para 17)

…(a) is a significant and serious one, as s 265 Bankruptcy Act makes plain. In this regard, the observations of Sheppard J in Re Bond; Ex parte Ramsay [1994] FCA 1052; (1994) 54 FCR 394 at 401 are apposite: … The provisions of s 77 and the other provisions of Part V of the Act are designed to enable the Trustee to…
HRZN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 133
Citation 2 (Para 20)

…t from it, cannot amount to reviewable error: see Nikac v Minister for Immigration, Local Government and Ethnic Affairs (1988) 20 FCR 65 at 77–8; 92 ALR 167 at 178–80; 16 ALD 611 at 620–2. Where the instrument concerned is an unincorporated international treaty which is subject to interpretation by a potentia…
in the matter of Fergusson v Ciardullo [2021] FCA 250
Citation 3 (Para 29)

…rustee in bankruptcy and, in the absence of co-operation, a bankrupt “ will be compelled in appropriate cases ”: Re Bond; Ex parte Ramsay (1994) 54 FCR 394 at 401. Sheppard J there observed: The point made by counsel for Mr Bond was that a consent given under compulsion, that is a forced consent, was no consent at a…
Bethune and Western Australian Planning Commission [2019] WASAT 18
Citation 4 (Para 5)

…Full Court of the Federal Court of Australia (Neaves, French and Drummond JJ) in Minister for Immigration, Local Government and Ethnic Affairs v Gray [1994] FCA 1052; (1994) 50 FCR 189 at 208: The question arises whether a misapplication or misconstruction of the Ministerial policy by the Tribunal gives rise to er…
WESTERN AUSTRALIAN PLANNING COMMISSION and HOGAN [2018] WASAT 25
Citation 5 (Para 4)

…Full Court of the Federal Court of Australia (Neaves, French and Drummond JJ) in Minister for Immigration, Local Government and Ethnic Affairs v Gray [1994] FCA 1052; (1994) 50 FCR 189, 208: The question arises whether a misapplication or misconstruction of the ministerial policy by the Tribunal gives rise to er…
Tomasevic and Secretary, Department of Social Services [2014] AATA 830
Citation 6 (Para 1)

…pression “ exceptional circumstances ” was considered by Kiefel J in Hatcher v Cohn. [62] She did so in the context of the Health Insurance Act 1973 (HI Act). Dr Hatcher had been disciplined on the basis that his performing 80 or more professional attendances per day on 37 occasions between January and Novemb…
Minister for Immigration and Border Protection v Lesianawai [2014] FCAFC 141
Citation 7 (Para 3)

…on and misunderstood the applicable law. Reference was made to Minister for Immigration, Local Government and Ethnic Affairs v Gray [1994] FCA 1052; (1994) 50 FCR 189 at 207. 28I accept the submission on behalf of the first respondent that a fair reading of the Tribunal’s reasons shows that the Tribunal was aware…
Lesianawai v Minister for Immigration and Border Protection [2014] FCA 402
Citation 8 (Para 27)

…risdiction and misunderstood the applicable law. Reference was made to Minister for Immigration, Local Government and Ethnic Affairs v Gray [1994] FCA 1052; (1994) 50 FCR 189 at 207.…
Waratah Coal Pty Ltd v Coordinator-General, Department of State Development, Infrastructure and Planning [2014] QSC 36
Citation 9

…A 48. Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189; [1994] FCA 1052, cited Northbuild Constructions Pty Ltd v Central Interior Linings Pty Ltd [2012] 1 Qd R 525; [2011] QCA 22, considered NT Power Generation Pty Ltd v Power and Water Authority (2004) 219 CLR 90; [2004] HCA…
Cann v Commonwealth Bank of Australia (No.2) [2011] FMCA 242
Citation 10 (Para 2)

…a number of duties upon the bankrupt vis-à-vis the trustee, the essence of which is a requirement that they co-operate: Re Bond; Ex parte Ramsay (1994) 54 FCR 394 at 401 per Sheppard J. A breach of any of these s.77 duties may constitute an offence under s.265 of the Bankruptcy Act .…
Kabir v MIAC [2010] FMCA 577
Citation 11 (Para 4)

…nister for Immigration, Local Government and Ethnic Affairs v Gray[15] at 206). [14] (1988) 20 FCR 65; 92 ALR 167; 16 ALD 611 [15] (1994) 50 FCR 189; [1994] FCA 1052…
He v Minister for Immigration [2009] FMCA 1142
Citation 12 (Para 14)

…a policy applicable to the case is a relevant consideration ( Nikac v Minister for Immigration, Local Government and Ethnic Affairs (1988) 20 FCR 65; 92 ALR 167; 16 ALD 611 at [81] per Wilcox J, Re Drake and Minister for Immigration & Ethnic Affairs (No 2) (1979) 2 ALD 634 (“ Drake ”) at 643 per Brennan J). I…
Boensch v Pascoe [2006] FMCA 1396
Citation 13 (Para 14)

…e Steele; ex parte Official Trustee in Bankruptcy v Clayton Utz (1994) 48 FCR 236 per Ryan J, Bond v Tuohy (1995) 56 FCR 92, Re Bond; ex parte Ramsay (1994) 54 FCR 394 and Worrell v Woods (1999) 90 FCR 264. After a review of these authorities the Court referred to the observations of Finn J in Worrell v Woods at 268…
R v Dunwoody [2004] QCA 413
Citation 14 (Para 1)

…74 (Cth) was found not to remove legal professional privilege.[38] [28](1994) 48 FCR 236; 119 ALR 716. [29]At 725. [30](1995) 128 ALR 595, 602. [31](1994) 126 ALR 720, 725, but see Einfeld J in obiter remarks in Re Tooth , unreported, FCA, 15 March 1994, expressing the contrary view. [32][1999] FCA 242; (1999) 163 AL…
Griffin v Pantzer [2003] FCA 793
Citation 15 (Para 1)

…That conclusion is the conclusion reached by Sheppard J in Re Bond; Ex parte Ramsay (1994) 54 FCR 394 at 400. It may be that some of the arguments advanced in the hearing of the proceedings before me were not advanced before Sheppard J. Be that as it may, for the reasons I have indicated, I would be disposed to reac…
Worrell v Woods [1999] FCA 242
Citation 16 (Para 2)

…see Re Steele ; Ex parte Official Trustee of Bankruptcy v Clayton Utz (1994) 48 FCR 236; Bond v Tuohy (1995) 128 ALR 595; Re Bond ; Ex parte Ramsay (1994) 126 ALR 720 at 725; Re Furney (1964) 20 ABC 166.…
Karas, Irene v Page, a a as Official Receiver in Bankruptcy District of the State of Victoria [1997] FCA 1257
Citation 17

…7C are designed to enable the trustee to make the fullest investigations into a bankrupt’s property, dealings and affairs: Re Bond; Ex parte Ramsay (1994) 54 FCR 394 at 401 per Sheppard J. As Spender J said in Re JTC McKee; Ex parte Laroar Holdings Pty Ltd (1996) 71 FCR 156 at 164:…
Re Jonson, Keith Michael; Prentice, Maxwell William as the Trustee of the Estate of Keith Michael Jonson, a bankrupt, Official Receiver for the Bankruptcy District of the State of New South Wales v Jonson, [1997] FCA 868
Citation 18

…Karounos v Official Trustee (1988) 19 FCR 330 Pioneer Concrete (Vic) Pty Ltd v Trade Practices Commission (1982) 152 CLR 460 Re Bond; Ex parte Ramsey (1994) 54 FCR 394 Re Excel Finance Corporation Ltd; Worthley v England (1994) 52 FCR 69 Re Hugh J Roberts Pty Ltd (in Liq) [1970] 2 NSWR 582 Re J T C Mckee, Ex parte:…
Re McKee; Ex parte Laroar Holdings v Ross [1996] FCA 1170
Citation 19

…Act is couched in wide terms. It is one of the set of provisions contained in Part 5 of the Act. As Shepherd J observed in Re: Bond; Ex parte Ramsay (1994) 54 FCR 394 at 401:…

Cases Cited

Statutory Material Cited

R v Boyes [2022] NSWDC 384
Citation 1

…"However, the provisions of the statute have to be interpreted against the background provided by the common law. It has been a firmly established rule of the common law, since the seventeenth century, that no person can be compelled to incriminate himself. A person may refuse to answer any question…
R v Scott [2017] SASCFC 96
Citation 2

…"However, the provisions of the statute have to be interpreted against the background provided by the common law. It has been a firmly established rule of the common law, since the seventeenth century, that no person can be compelled to incriminate himself. A person may refuse to answer any question…
Johns v Australian Securities Commission [1993] HCA 56
Citation 3

…oner of Police (1992) Ch. 225; see also Morris v The Director of the Serious Fraud Office (1993) Ch. 372 and Johns v Australian Securities Commission (1993) 178 CLR 408 (at 423-4 and 429). The issues for determination in the Victorian matter do not in my opinion arise for determination here. The question in the prese…
Attorney-General (NT) v Kearney [1985] HCA 60
Citation 4

…m disclosure. See also: The Queen v Bell; ex parte Lees (1980) 146 CLR 141 and The Attorney General for the Northern Territory of Australia v Kearney (1985) 158 CLR 500.…
Sorby v the Commonwealth [1983] HCA 10
Citation 5

…Sorby v The Commonwealth (1983) 152 CLR 281 Pyneboard Pty Ltd v Trade Practices Commission (1983) 152 CLR 328. Re Clyne; ex parte Deputy Commissioner of Taxation (1986) 15 FCR 128. The Queen v Cox and Railton (1884) 14 QBD 153.…
R v Bell; ex parte Lees [1980] HCA 26
Citation 6

…crime for the purpose of being guided or helped in the commission of it are not privileged from disclosure. See also: The Queen v Bell; ex parte Lees (1980) 146 CLR 141 and The Attorney General for the Northern Territory of Australia v Kearney (1985) 158 CLR 500.…
Mitcham v O'Toole [1977] HCA 41
Citation 7

…serve the privilege: see, e.g. Mortimer v. Brown (1970) 122 CLR 493 and Rees v. Kratzmann (1965) 114 CLR 63, esp. At p 80, but cf. Mitcham v. O'Toole (1977) 137 CLR 150. However, a statute will not be construed as excluding so valuable a privilege unless an intention to do so clearly appears; see R. v. Associated Nor…
Mortimer v Brown [1970] HCA 4
Citation 8

…y. The character and purpose of the statute may indicate that it should not be construed so as to preserve the privilege: see, e.g. Mortimer v. Brown (1970) 122 CLR 493 and Rees v. Kratzmann (1965) 114 CLR 63, esp. At p 80, but cf. Mitcham v. O'Toole (1977) 137 CLR 150. However, a statute will not be construed as exc…
Rees v Kratzmann [1965] HCA 49
Citation 9

…te may indicate that it should not be construed so as to preserve the privilege: see, e.g. Mortimer v. Brown (1970) 122 CLR 493 and Rees v. Kratzmann (1965) 114 CLR 63, esp. At p 80, but cf. Mitcham v. O'Toole (1977) 137 CLR 150. However, a statute will not be construed as excluding so valuable a privilege unless an…
R v Associated Northern Collieries [1910] HCA 61
Citation 10

…ute will not be construed as excluding so valuable a privilege unless an intention to do so clearly appears; see R. v. Associated Northern Collieries (1910) 11 CLR 738, at p 748, and Ex parte Grinham; Re Sneddon (1961) SR (N.S.W.) 862, at pp 870-871, 874-875."…
Re Steele, P.J. R. v Ex parte The Official Trustee of Bankruptcy and Anor [1994] FCA 25
Citation 11

…able. I turn to the question of the availability of legal professional privilege. In Re Steele; ex parte Official Trustee in Bankruptcy v Clayton Utz (1994) 48 FCR 236, Ryan J held that s.77AA was not to be read as denying the common law right to claim legal professional privilege. Counsel for the Trustee did not di…
Pyneboard Pty Ltd v Trade Practices Commission [1982] FCA 18
Citation 12

…Sorby v The Commonwealth (1983) 152 CLR 281 Pyneboard Pty Ltd v Trade Practices Commission (1983) 152 CLR 328. Re Clyne; ex parte Deputy Commissioner of Taxation (1986) 15 FCR 128. The Queen v Cox and Railton (1884) 14 QBD 153.…

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