Petrie; Trustee of the property of Aitken (Bankrupt) v Aitken & Ors [2019] FCCA 16

In Petrie; Trustee of the property of Aitken (Bankrupt) v Aitken & Ors [2019] FCCA 16 the applicant sought orders under s.30 of the Bankruptcy Act 1966 (Cth) for declarations with respect to property ownership, and orders for delivery up of possession and sale of the property, and is made by the bankruptcy trustee of the first respondent, Mr Peter David Aitken. The other two respondents are the second respondent Judith Anne Winifred Aitken, and the third respondent Henry Fotheringham Aitken. An Application was filed by Mr Peter Aitken with respect to the issue of jurisdiction and seeking leave for a Mr Neil Piccinin to appear on behalf of the respondents.

This case provides a detailed summary of the case law regarding the Queen of Australia premise, and similarly “an unremedied, perhaps even irremediable, ‘break in sovereignty’ in Australia that leads to the conclusion that legislation apparently passed by the Parliament of the Commonwealth is invalid” (Joosse at [11] per Hayne J.).

Click to access petrie-trustee-of-the-property-of-aitken-bankrupt-v-aitken-ors-2019-fcca-16.pdf