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Culleton v Balwyn Nominees Pty Ltd [2017] FCAFC 8

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BANKRUPTCY AND INSOLVENCY - sequestration order pursuant to s 52 Bankruptcy Act 1966 (Cth) - Appeal against the making of a sequestration order - Whether the hearing of the creditor's petition ought to have been adjourned as a matter of procedural fairness - Whether sufficient material and evidence was led below to require an adjournment to allow the appellant to prove solvency with the assistance of legal representation - Application of principles in Ahern v Deputy Commissioner of Taxation (Qld) - Nature of the bankruptcy jurisdiction - Application of principles in Sarina v Council of the Shire of Wollondilly - Centrality of the question of solvency to the bankruptcy jurisdiction BANKRUPTCY AND INSOLVENCY - Application for a trial by jury pursuant to s 30(3) Bankruptcy Act 1966 - Whether primary judge erred in deciding to decline to exercise discretion to grant application for a trial by jury BANKRUPTCY AND INSOLVENCY - Service of bankruptcy notice and service of creditor's petition - Whether there was compliance with the service requirements in s 47 Bankruptcy Act 1966 and rr 4.04, 4.05 and 4.06 Federal Court (Bankruptcy) Rules 2016 (Cth) - Whether the primary judge erred in finding that there had been compliance PRACTICE AND PROCEDURE - s 37M Federal Court of Australia Act 1976 (Cth) - The just determination of proceedings is a central consideration to the overarching purpose of the civil practice and procedure provisions

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