COURTS – jurisdiction – proceedings against bankrupt – appeal from separate question regarding leave to commence proceedings in the Equity Division – Bankruptcy Act 1966 (Cth) s 58 – whether appeal lay to Court of Appeal – whether prohibition on instituting and determining appeal other than in a federal court in s 7(5)of Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) applied – whether appeal involved a matter for determination arising under the Bankruptcy Act – appeal dismissed.

I acted (unled) for a Trustee in bankruptcy who was the Respondent in an appeal, and the successful Applicant on a motion asserting that the appeal was incompetent by virtue of the operation of s 7(5) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth). The appeal arose in relation to the operation of s 58 of the Bankruptcy Act on a claim by creditor who claimed they enjoyed the benefit of an equitable charge.