Recent Cases

Winn v Boss Lawyers Pty Ltd [2022] FCAFC 156 (12 September 2022) (Charlesworth, Downes and Goodman JJ)


Catchwords:


BANKRUPTCY AND INSOLVENCY – appeal from making of sequestration order – where non-compliance with Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth) – where non-compliance formal defect or irregularity – where no substantial injustice caused by non-compliance – appeal dismissed

PRACTICE AND PROCEDURE – application for adjournment sought of one of two appeals – appellant claimed not able to finalise submissions until appeal book finalised – where appellant responsible for production of appeal book – where submissions could have been prepared in advance – adjournment refused – application for leave to discontinue same appeal on afternoon of day of hearing – application refused – no submissions advanced in relation to almost all grounds of appeal – appeal dismissed

PRACTICE AND PROCEDURE – power of Registrar to refuse to accept documents for filing – nature of the power – source and nature of jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) to review Registrar’s decision

PRACTICE AND PROCEDURE – sequestration order made in the absence of a party – whether the order is one that may be set aside in the exercise of the power conferred under r 17.05(2)(a) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)