Bertram v Naudi

Lower Court Judgment

05/06/2026 Full Court of the Federal Court of Australia (Perry, O’Callaghan and Goodman JJ)

[2026] FCAFC 40  

Catchwords

Bankruptcy – Bankruptcy Act 1966 (Cth) (‘the Act’) – challenge by a discharged bankrupt to validity of income contribution assessments made by a trustee in bankruptcy under s 139W of the Act – where trustee in bankruptcy conceded that amount assessed was incorrect – whether Federal Court of Australia has jurisdiction under s 90-15 of Schedule 2, Insolvency Practice Schedule (Bankruptcy) of the Act to determine an application to challenge the validity of an income contribution assessment – whether ss 139Q and 139S of the Act impose a statutory liability to pay an amount in circumstances where the amount assessed is not correct