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Smith v Achieve Homes Pty Ltd [2024] FCA 327

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PRACTICE AND PROCEDURE - review of Registrar's decision under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) - Registrar dismissed proceeding, in part, due to non-appearance of applicant - applicant has now appeared - hearing de novo conducted BANKRUPTCY - application to set aside bankruptcy notice under s 40(1)(g) Bankruptcy Act 1966 (Cth) - whether adjudication decision under Building and Construction Industry Security of Payment Act 1999 (NSW) is a proceeding for the purposes of s 40(1)(g) - whether applicant could set up a counter-claim, set-off or cross demand in the adjudication proceeding - applicant could not set up a cross-claim, set-off or cross demand - bankruptcy notice set aside

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