Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Perovich v Whitton [2016] FCAFC 126 Appeal from: Whitton v Perovich [2016] FCA 595
File number: QUD 456 of 2016
Judges: SIOPIS, GLEESON AND EDELMAN JJ
Date of judgment: 13 September 2016
Catchwords: PRACTICE AND PROCEDURE – joinder of party to an appeal – power to join person who was not a party to the decision being appealed – requirements of procedural fairness
Legislation: Acts Interpretation Act 1901 (Cth) ss 13(1), 15AB(2)(a) Bankruptcy Act 1966 (Cth) ss 73, 222D Legislation Act 2003 (Cth) s 13(1)(a) Federal Court Rules 1979 (Cth) O 52 r 14(2) Federal Court Rules 2011 (Cth) rr 36.31, 36.31(1) Explanatory Memorandum, Acts Interpretation Amendment Bill (Cth) 2011
Cases cited: Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 State of Victoria v Sutton [1998] HCA 56; (1998) 195 CLR 291 Suncorp-Metway Ltd (ACN 010 831 722) v Sapuppo [2001] FCA 708 Whitton v Perovich [2016] FCA 595
Date of hearing: Determined on the papers
Date of last submissions: 8 September 2016 (Applicant)
Registry: Queensland
Division: General Division
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