VIC Can Assignee Enforce Bankruptcy Notice?

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Flyboat

Active Member
22 November 2015
9
0
31
I have a debt registered in a Magistrates Court in Victoria to a person A (it is just over $5k). Person A has "assigned" the debt to person B & this person then has managed to get a Bankruptcy Notice issued (by Australian Financial Security Authority) in their name - the Business Name is in the name of person B.

I am trying to get this Bankruptcy Notice set aside in Federal Circuit Court.

Any tips or ideas much appreciated.

(Person B has no enforcement options via Magistrates Court as they are not registered as the person who money is owed to).
 

Victoria S

Well-Known Member
9 April 2014
518
59
2,289
An assignee of a debt is entitled to issue a Bankruptcy Notice under the relevant legislation, however they may be required to obtain the leave of the court and to file with the court evidence of the assignment.