Federal Court of Australia
Federal Court of Australia
Bechara v Bates [2021] FCAFC 34 Appeal from: Bechara v Bates [2018] FCA 460
File numbers: NSD 2386 of 2018 NSD 658 of 2020
Judgment of: ALLSOP CJ, MARKOVIC AND COLVIN JJ
Date of judgment: 16 March 2021
Catchwords: BANKRUPTCY – sequestration orders – application for review to Federal Circuit Court judge of sequestration orders made by registrar – where Federal Circuit Court judge dismissed application for review for non-attendance and for want of prosecution – review is a hearing de novo – meaning of "hearing de novo" – necessary for fresh compliance with s 52(1) of the Bankruptcy Act 1966 (Cth) – inappropriateness of dismissal for non-attendance or want of prosecution by debtor – application for review to be remitted to Federal Circuit Court for hearing de novo – status of registrar's order – whether creditor's petition has lapsed – where sequestration order made within 12 months of presentation of creditor's petition PRACTICE AND PROCEDURE – registrars – review of registrar's power to make sequestration order – review is a hearing de novo – meaning of "hearing de novo" HIGH COURT AND FEDERAL COURT – appeal from orders made by single judge in appellate jurisdiction of Federal Court – appeal dismissed as incompetent – relief granted under s 39B of the Judiciary Act 1903 (Cth)
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