Rumsley v Vegas Enterprises Pty Ltd [2016] FCAFC 84

FEDERAL COURT OF AUSTRALIA

Rumsley v Vegas Enterprises Pty Ltd [2016] FCAFC 84 Appeal from: Williamson (Trustee) v Rumsley, in the matter of Clifford (a bankrupt) [2015] FCA 639

File number: WAD 300 of 2015

Judges: North, Siopis and Reeves JJ

Date of judgment: 13 June 2016

Catchwords: PRACTICE AND PROCEDURE – where stay on ex parte debt appropriation order made under s 53 of the Federal Court Act 1976 (Cth) and the Civil Judgments Enforcement Act 2004 (WA) – where appellant is a legal practitioner – whether appellant was afforded procedural fairness at the hearing of the interlocutory application where it was alleged he had failed to disclose information material to the grant of the ex parte debt appropriation order – whether stay orders should be set aside – where fair and proper notice not given to the appellant – appeal allowed

Legislation: Civil Judgments Enforcement Act 2004 (WA) Federal Court of Australia Act 1976 (Cth)

Cases cited: Aristocrat Technologies Australia Pty Ltd v Allam (2016) 327 ALR 595; [2016] HCA 3 Ashby v Slipper (2014) 219 FCR 322; [2014] FCAFC 15 Forster v Legal Services Board (2013) 40 VR 587; [2013] VSCA 73 Kennedy v Council of the Incorporated Law Institute of New South Wales (1939) 13 ALJ 563 Military Rehabilitation and Compensation Commission v McGuire [2008] FCA 142 New South Wales Bar Association v Cummins (2001) 52 NSWLR 279; [2001] NSWCA 284 Re Minister for Immigration and Multicultural Affairs; Ex parte Hieu Trung Lam (2003) 214 CLR 1; [2003] HCA 6 Re Thom; Ex parte Prothonotary (1962) 80 WN (NSW) 968 Williamson v Rumsley (No 2) [2015] FCA 1246