BANKRUPTCY AND INSOLVENCY - applications to set aside bankruptcy notices - "counter-claim, set-off or cross demand" pursuant to ss 40(1)(g) and 41(7) of the Bankruptcy Act 1966 (Cth) - supplementary ground raised that the capacity in which the bankruptcy notice was issued was confusing and misleading so as to render bankruptcy notice invalid - held: applications to set aside bankruptcy notices dismissed with costs
BANKRUPTCY AND INSOLVENCY - where applications to set aside bankruptcy notice claimed "counter-claim, set-off or cross demand" in the form of costs orders which were assigned by a first deed "jointly" - whether applications to set aside were valid due to want of mutuality - where second deed by the same assignors as first deed sought to re-assign the benefit of the costs orders "jointly and severally"- held: second deed was ineffective because the benefit of costs orders had already been assigned - where third deed sought to assign the benefit of costs orders from assignors "jointly" to assignees "jointly and severally" - where third deed brought into existence after expiry of time to file applications to set aside bankruptcy notices - requirements of a valid application to set aside a bankruptcy notice pursuant to ss 40(1)(g) and 41(7) of the Bankruptcy Act 1966 (Cth) - held: applications to set aside not valid due to want of mutuality and therefore not 'bona fide', 'real' or 'effective' "counter-claim, set-off or cross demand" - held: third deed filed too late to be able, even if effective, to cure invalid applications to set aside bankruptcy notices
BANKRUPTCY AND INSOLVENCY - where applications to set aside bankruptcy notices sought to enlarge the grounds upon which applications were made after the expiry of the period to file the application - requirements of supporting affidavit under Bankruptcy Rules 2005 (Cth) and Bankruptcy Rules 2016 (Cth) - held: no freestanding right or entitlement to litigate later advanced additional grounds in support of an application to set aside bankruptcy notice - held: if leave may be given to enlarge grounds that should not be lightly countenanced, should only be granted for meritorious grounds and in accordance by analogy with principles on leave to amend pleadings
BANKRUPTCY AND INSOLVENCY - whether "counter-claim, set-off or cross demand" pursuant to ss 40(1)(g) and 41(7) of the Bankruptcy Act 1966 (Cth) was equal to or exceeded debts claimed in the bankruptcy notices - where "counter-claim, set-off or cross demand" was the benefit of costs orders for which taxation process had not been completed - where bills of costs arising from costs orders of poor quality - held: unable to be satisfied "counter-claim, set-off or cross demand" was any particular amount and therefore unable to be satisfied it was equal to or exceeded debts claimed in bankruptcy notices
BANKRUPTCY AND INSOLVENCY - whether Court has a general power to extend the time for compliance with a bankruptcy notice under s 41(6A) of the Bankruptcy Act 1966 (Cth) - held: power exists for Court to extend time for compliance with a bankruptcy notice under s 41(6A) which is not constrained by s 41(7) of the Bankruptcy Act 1966 (Cth) - held: discretionary factors weighed in favour of making order to extend time for compliance with bankruptcy notices - held: order made to extend time for compliance with bankruptcy notice until day of judgment
PRACTICE AND PROCEDURE - whether certificates of taxation require separate entry as an order of the Court - held: separate entry of certificates of taxation not required due to plain reading of r 40.32 of the Federal Court Rules 2011 (Cth), especially r 40.32(2)
PRACTICE AND PROCEDURE - whether certificate of taxation electronically filed with the Court and electronically issued is valid and enforceable where certificate document itself is not signed or sealed - provisions for electronic filing of documents in Federal Court Rules 2011 (Cth) - held: documents electronically filed with the Court and including a "Notice of Filing" page are valid and enforceable
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