Hrycenko v Hrycenko (by his legal representative Hycenko) [2022] FCAFC 152

Federal Court of Australia

Hrycenko v Hrycenko (by his legal representative Hycenko) [2022] FCAFC 152 Appeal from: Hrycenko (by His Legal Representative Hycenko) v Hrycenko [2021] FedCFamC2G 187 Hrycenko (by His Legal Representative Hycenko) v Hrycenko [2022] FedCFamC2G 2

File number: VID 682 of 2021

Judgment of: BROMBERG, MOSHINSKY AND MCELWAINE JJ

Date of judgment: 9 September 2022

Catchwords: PRACTICE AND PROCEDURE– power of the Court to invoke the "slip rule" to extend the term of a creditor's petition under the Bankruptcy Act 1966 (Cth) – where 12-month period had expired – whether slip rule available to retrospectively extend life of a creditor's petition where sequestration order already made – whether there was a relevant accidental slip or omission BANKRUPTCY AND INSOLVENCY –whether it was open to the Federal Circuit and Family Court of Australia (Division 2) to invoke the slip rule to extend the term of a creditor's petition after 12-month period expired and sequestration order made

Legislation: Acts Interpretation Act 1901 (Cth) s 13(1) Bankruptcy Act 1966 (Cth) ss 5, 43, 44, 52, 58, 60, 115, 157 Corporations Act 2001 (Cth) s 459P Corporations Act 1989 (Cth) s 82 (Corporations Law) ss 459A, 459G, 459P, 459R Federal Circuit Court of Australia Act 1999 (Cth) s 8 Federal Circuit and Family Court of Australia Act 2021 (Cth) s 10 Federal Court of Australia Act 1976 (Cth) s 35A(6) National Security (War Service Moratorium) Regulations 1941 (Cth) r 22 Federal Circuit Court Rules 2001 (Cth) r 16.05 Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth) r 4.02 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r 17.05 Federal Court Rules 1979 O 35 r 7 Companies Act 1961 (Vic) s 199