BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice under s 30 of the Bankruptcy Act 1966 (Cth) (the Act) - whether failure to note and make allowance for a costs order adverse to respondent vitiated bankruptcy notice - consideration of whether invalidity flows automatically from misstatement - consideration of meaning of "amount in fact due"
BANKRUPTCY AND INSOLVENCY - where bankruptcy notice includes a final judgment expressed in a foreign currency - error in publication date of exchange rate used - exchange rate expressed to two decimal places and equivalent amount understated due to rounding - whether bankruptcy notice complied with s 12 of the Bankruptcy Regulations 2021 (Cth) - whether non-compliance is merely formal
PRACTICE AND PROCEDURE - where application lodged prior to, but not accepted for filing until after, expiration of the period in s 41(6A) of the Act - consideration of whether Court's jurisdiction in bankruptcy properly invoked in light of Lamb v Sherman [2023] FCAFC 85
↧