Re Siddall-Cohen, K. Ex parte Siddall-Cohen, K

[1992] FCA 758

IN THE FEDERAL COURT OF AUSTRALIA )	No. QB 1731 of 1990
QUEENSLAND DISTRICT REGISTRY
BANKRUPTCY DISTRICT OF
THE STATE OF OUEENSLAND	)

RE:  KATHLEEN SIDDALL-COHEN

Bankrupt

PARTE :  KATHLEEN SIDDALL-COHEN

Applicant

MINUTES OF ORDERS

JUDGE MAKING ORDER:	Drummond J
DATE OF ORDER:	17 September, 1992
WHERE MADE:	Brisbane

On the applicant undertaking personally to return her passport to her trustee by no later than 8 October, 1992:

THE COURT ORDERS THAT:

1.        The trustee return to the bankrupt her passport for the sole purpose of allowing the bankrupt to travel overseas during the period 24 September, 1992 to 1 October, 1992.

124 of the Bankruptcy Rules.

Settlement and entry of orders is dealt with in Rule

IN THE FEDERAL COURT OF AUSTRALIA )	NO. QB 1731 of 1990
9UEENSLAND DISTRICT REGISTRY	1
BANKRUPTCY DISTRICT OF	1
THE STATE OF OUEENSLAND	1

RE :  KATHLEEN SIDDALL-COHEN

Bankrupt

EX PARTE: KATHLEEN SIDDALL-COHEN

Applicant

m:	Drummond J
Date:	17 September, 1992

Place: Brisbane

EX TEMPORE REASONS FOR JUDGMENT

By this application, the applicant, Ms. Kathleen Siddall-Cohen seeks the return from her trustee in bankruptcy of her passport for the purpose of travelling to Hong Kong on a business trip which will extend from 24 September to 1 October next. She has been in employment only for the past four months. She has two school-aged children to support as a sole parent. They will remain at school on the Gold Coast if she goes overseas on this trip.

The applicant's trustee does not object to the applicant's passport being returned for this purpose. There is no doubt in my mind that the bankrupt will return within the time required to enable her to attend this business trip. The matter is complicated, however, by the fact that she has been assessed to monthly contributions of $298.79. The bankrupt recently applied for an exemption from making these contributions on the ground of hardship.

That application was rejected. Exhibit 2 in today's proceedings is a copy of a letter from the Official Receiver dated 16 September, 1992, giving his reasons for rejecting the applicant's application. Essentially, those reasons are based, in large part, upon the proposition that the bankrupt should be able to find less expensive accommodation for herself and her children and less costly child care for the two children, which child care she needs to enable her to hold down her full-time job.

The applicant informs me that she has just received this letter of 16 September advising her of the rejection of her application for exemption and that she does intend to make an application to the Administrative Appeals Tribunal for a review of the Official Receiver's decision.

In all the circumstances, I am prepared to make an
order that the trustee return to the bankrupt her passport on

the condition that she returns the passport to her trustee by

no later than 8 October, 1992.

I certify that this and the preceding

page is a true copy of the reasons
for judgment herein of the Honourable

Mr. Justice Drummond.

Associate:

IN THE FEDERAL COURT OF AUSTRALIA )	NO. QB 1731 of 1990
QUEENSLAND DISTRICT REGISTRY	)
BANKRUPTCY DISTRICT OF	)
THE STATE OF OUEENSLAND	)

RE:  KATHLEEN SIDDALL-COHEN

Bankrupt

PARTE :  KATHLEEN SIDDALL-COHEN

Applicant

13 OCT 1992

Rxmu-QF

MINUTES OF ORDERS

Drummond J
17 September, 1992
Brisbane

On the applicant undertaking personally to return her passport to her trustee by no later than 8 October, 1992:

THE COURT ORDERS THAT:

1.        The trustee return to the bankrupt her passport for the sole purpose of allowlng the bankrupt to travel overseas during the period 24 September, 1992 to 1 October, 1992.

Settlement and entry of orders is dealt with in Rule

124 of the Bankruptcy Rules.
That application was rejected. Exhibit 2 in today's

proceedings is a copy of a letter from the Official Receiver dated 16 September, 1992, giving his reasons for rejecting the applicant's application. Essentially, those reasons are based, in large part, upon the proposition that the bankrupt should be able to find less expensive accommodation for herself and her children and less costly child care for the two children, which child care she needs to enable her to hold down her full-time job.

The applicant informs me that she has just received this letter of 16 September advising her of the rejection of her application for exemption and that she does intend to make an application to the Administrative Appeals Tribunal for a review of the Official Receiver's decision.

In all the circumstances, I am prepared to make an
order that the trustee return to the bankrupt her passport on

the condition that she returns the passport to her trustee by

no later than 8 October, 1992.

I certify that this and the preceding
page is a true copy of the reasons

for iudcrment herein of the Honourable

Mr. justice Drummond.

Associate:

Date:  "17 ~e~temder, 1992