Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Luck v University of Southern Queensland [2016] FCAFC 167 Appeal from: Luck v University of Southern Queensland [2015] FCA 286
File number: VID 189 of 2015
Judge: COLLIER, JESSUP AND KATZMANN JJ
Date of judgment: 5 December 2016
Catchwords: PRACTICE AND PROCEDURE – request for adjournment of Full Court hearing – where parties had had ample time to prepare – request for adjournment based on appellant's wish to prepare for other Full Court matters, alleged settlement negotiations, appellant's health conditions – no affidavit evidence supporting adjournment – appellant's history of non-attendance at hearings – s 37M Federal Court of Australia Act 1976 (Cth) – public interest to expeditiously determine bankruptcy matters – adjournment refused BANKRUPTCY – whether primary judge erred in failing to make order staying or adjourning appellant's application pending determination of special leave application – whether primary judge erred in not giving reasons for exclusion of material – whether primary judge erred in failing to consider appellant's grounds for stay or adjournment – whether denial of natural justice – applications for special leave not related to judgment founding bankruptcy notice – no cross-claim, set-off or cross demand within meaning of s 40(1)(g) Bankruptcy Act 1966 (Cth)
Legislation: Constitution Bankruptcy Act 1966 (Cth), ss 40, 41 Federal Court of Australia Act 1976 (Cth), ss 25, 37M, 37N
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Cirillo v Consolidated Press Property Pty Ltd (2007) 245 ALR 374 Gaye Luck v University of Southern Queensland [2016] HCASL 286 Luck v Federal Court of Australia [2011] HCATrans 290 Luck v University of Southern Queensland [2008] FCA 1582 Luck v University of Southern Queensland [2009] FCAFC 73 Luck v University of Southern Queensland (No 3) [2010] FCA 1402 Luck v University of Southern Queensland (No 4) [2011] FCA 43 Luck v University of Southern Queensland (No 2) [2013] FCA 1141 Luck v University of Southern Queensland [2014] FCAFC 135 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75 Luck v University of Southern Queensland [2015] HCATrans 125 Totev v Sfar (2008) 167 FCR 193
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