Recent Cases

Hrycenko v Hrycenko (by his legal representative Hycenko) [2022] FCAFC 152 (09 September 2022) (Bromberg, Moshinsky and McElwaine JJ)


Catchwords:


PRACTICE AND PROCEDURE– power of the Court to invoke the “slip rule” to extend the term of a creditor’s petition under the Bankruptcy Act 1966 (Cth) – where 12-month period had expired – whether slip rule available to retrospectively extend life of a creditor’s petition where sequestration order already made – whether there was a relevant accidental slip or omission

BANKRUPTCY AND INSOLVENCY –whether it was open to the Federal Circuit and Family Court of Australia (Division 2) to invoke the slip rule to extend the term of a creditor’s petition after 12-month period expired and sequestration order made