Recent Cases

Dunkerley v Comcare [2020] FCAFC 8 (12 February 2020) (Katzmann, Robertson and Abraham JJ)


BANKRUPTCY AND INSOLVENCY — appeal — where primary judge dismissed application to set aside a bankruptcy notice — where bankruptcy notice founded on debts arising from costs orders made in three proceedings — where primary judge held that no fraud, abuse of process or miscarriage of justice had been established — where primary judge held that there were no special circumstances to warrant going behind the earlier judgments and consequential costs orders — where primary judge held that the grounds for setting aside the bankruptcy notice amounted to an attempt to re-litigate the same legal and factual issues tried in the previous proceedings on the same evidence — whether appealable error by primary judge