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Adelaide Bank Limited v Phontos [2016] FCA 824

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HIGH COURT AND FEDERAL COURT - bankruptcy courts - meaning and effect of "jurisdiction in bankruptcy, and that jurisdiction is exclusive" in s 27 of the Bankruptcy Act 1966 (Cth) - whether Court should grant remedies to prevent a party, who was a solicitor, in whose favour a costs order was made in the Supreme Court of New South Wales from pursuing an application for assessment of party/party costs under the Legal Profession Act 2004 (NSW) before a costs assessor because of that party's subsequent bankruptcy - additional jurisdiction of Supreme Court of New South Wales under s 4 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) where a matter is within the original jurisdiction of the Federal Court by virtue of s 39B of the Judiciary Act 1903 (Cth) and therefore a "special federal matter" as defined in s 3 of that Act BANKRUPTCY AND INSOLVENCY - where costs order in favour of a party, who was a solicitor, made in the Supreme Court of New South Wales - where that party subsequently became bankrupt - where that party applied for assessment of party/party costs under the Legal Profession Act 2004 (NSW) before a costs assessor - whether Court should grant remedies to prevent that party from pursuing that application COSTS - purpose and effect of the statutory regime for costs assessment under Division 11 of the Legal Profession Act 2004 (NSW) - status of costs assessors appointed under s 390 of the Legal Profession Act 2004

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