Book Review: Lewis’ Australian Bankruptcy Law
| Author | H. T. Gibbs |
| Published date | 01 March 1968 |
| Date | 01 March 1968 |
| DOI | http://doi.org/10.1177/0067205X6800300112 |
| Subject Matter | Book Reviews |
JUNE
1968]
Book Reviews
147
made
if
the writer
is
of
the opinion that it is necessary. To describe a
judgment as "bad tempered "
or
to categorize
an
attitude as "
neurotic"
makes this reviewer distrust the criticism, where the criticism may yet
be pertinent
if
only it were presented with reason rather than emotion.
J.
D.
HOLMES·
Lewis' Australian Bankruptcy Law, by
DENNIS
J. ROSE, B.A. (Oxon.),
LL.B.
(Tas.) Senior Lecturer in Law, School
of
General Studies,
Australian National University, 5th ed. (The Law Book Company
Limited,
1967),
pp. i-xxi,
1-225.
$5.80.
Since the publication
of
the first edition in
1928,
Lewis' Australian
Bankruptcy
Law
has found an accepted place as auseful students' text
book on the subject. The preparation
of
anew edition was rendered
necessary by the enactment
of
the Bankruptcy Act
1966
(Cth) which
took effect on 4March
1968
and made important changes in the bank-
ruptcy law, and the present edition (the fifth) has been largely re-written
to set out the effect
of
that Act and
of
the decisions pronounced since the
fourth edition was published in
1955.
The Bankruptcy Rules had
not
been promulgated when this edition went to press and for that reason
those Rules could not be referred to and the forms contained in the
Rules could not
be
included, but that
is
no great disadvantage in abook
intended primarily for students.
The fifth edition has maintained the standard
of
earlier editions. The
historical introduction, which has been retained in asomewhat altered
form, is, although brief, quite sufficient for the purpose
of
showing the
development
of
the main principles
of
the law
of
bankruptcy. All the
important provisions
of
the Bankruptcy Act
1966
are discussed and
explained. All the Australian decisions
of
any significance have been
noticed. The statement
of
the law
is
succinct and clear. The book
is
clearly arranged and set
out-indeed
in this respect the present edition
is
an improvement on the last.
Sometimes, however, the desire to compress and simplify goes too far.
The editor
of
atext book such as Lewis cannot be criticized for failing
to include every detail and refinement
of
the law, but it
is
adifferent
matter when aqualification is omitted which is necessary for the proper
exposition
of
arule
or
the terseness
of
astatement
of
the law causes
it
to be less than accurate, and this edition, like its predecessors,
is
not
entirely free from faults
of
this kind.
For
example, to say that the court
may order substituted service
if
it
is
satisfied that the debtor
is
keeping
out
of
the way to avoid service
or
thatfor any other cause prompt personal
service cannot be effected (page
32)
creates amisleading impression when
no mention
is
made
of
the important principle laid down in In
re
A
Judgment Debtor1and other cases, that substituted service will not be
ordered unless the method
of
service asked for will probably be effective
*Judge
of
the Court
of
Appeal
of
New South Wales.
1
[1937]
Ch.
137.
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