Williamson v Bond, in that matter of an authority under section 188 of the Bankruptcy Act 1966 (Cth) signed by Craig David Bond

The case of Williamson v Bond, in the matter of an authority under section 188 of the Bankruptcy Act 1966 (Cth) signed by Craig David Bond, involved an application by the controlling trustees of Craig David Bond's estate for an extension of the period of control over Bond's property. The application was made under the authority of section 188 of the Bankruptcy Act 1966 (Cth) and sought to extend the period during which the trustees could exercise control over Bond's property, which was otherwise limited by section 189(1A)(d) of the Act. The application was unopposed, and the central issue for the court was whether the court had the power to extend the time limit for the control of Bond's property under the circumstances presented.

The court considered whether the power to extend the control period under section 33(1)(c) of the Bankruptcy Act 1966 (Cth) was limited to the 'doing of an act or thing', as suggested by the Full Court decision in Nilant v Macchia. The court noted that while the Full Court in Nilant had held that the power under section 33(1)(c) did not extend to altering the time limit for the automatic discharge of a bankrupt, the situation with the control of property by trustees was different. The court concluded that the act of controlling property by trustees could be considered an act or thing under the statute, thus falling within the court's power to extend. This interpretation was supported by decisions in Horne in the Matter of Peter Wyss and Trinick & Piggott as Controlling Trustees of the Estate of Lam, where the Federal Magistrates Court had similarly extended control periods.

Based on the reasoning above, the court found that it had the authority to extend the time for the exercise of control by the trustees over Bond's property. The orders granted the extension until two months after the determination of a related application in the Family Court of Western Australia. The court also made an order for the trustees' costs of the application to be paid from Bond's assets.