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Corporation of the City of Adelaide v Cosenza [2024] FCA 852

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BANKRUPTCY - Creditor's petition - Application for declaratory relief in relation to service of creditor's petition - Whether creditor's petition has been validly served - Where the validity of the affidavit of service is contested - Where respondent filed a notice of appearance, affidavit and appeared in Court - Respondent deemed to have been served - Application dismissed PRACTICE AND PROCEDURE - Application seeking to restrain the applicant's solicitors from acting - Where the applicant's solicitors are parties to Magistrates Court proceeding commenced by the respondent - Where no fiduciary duty or duties of confidence owed to the respondent - Whether a fair-minded reasonably informed member of the public might conclude that the proper administration of justice requires that the solicitors be restrained from acting - Whether the basis for disqualification is exceptional - Application dismissed

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