Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Slack v Bottoms English Solicitors, Steindls Solicitors & Miller Harris Lawyers [2003] FCA 1337 PRACTICE AND PROCEDURE – appeal - whether Federal Court should grant leave for bankrupt to be represented by a non-lawyer APPEALS – Bankruptcy - where appellant sought to recanvass issues determined in other courts – where no basis for impugning the judgments on which bankruptcy notice and petition were based – no legal error in the making of sequestration order Bankruptcy Act 1966 (Cth) s 308 Federal Magistrates Court Act 1999 (Cth) ss 44(1), 52(1) and (2) Federal Court Rules, O 4, r 14 International Alpaca Management Pty Ltd v Ensor [1999] FCA 72 cited Sandell v Porter (1966) 115 CLR 666 followed RICHARD JOHN SLACK v BOTTOMS ENGLISH SOLICITORS, STEINDLS SOLICITORS and MILLER HARRIS LAWYERS No Q 128 of 2003 SPENDER J BRISBANE (heard in Cairns) 20 NOVEMBER 2003
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 128 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: RICHARD JOHN SLACK
APPLICANT
AND: BOTTOMS ENGLISH SOLICITORS
STEINDLS SOLICITORS
MILLER HARRIS LAWYERS
RESPONDENT
JUDGE: SPENDER J
DATE OF ORDER: 20 NOVEMBER 2003
WHERE MADE: BRISBANE (heard in Cairns)
THE COURT ORDERS THAT: The appeal is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 128 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: RICHARD JOHN SLACK
APPLICANT
AND: BOTTOMS ENGLISH SOLICITORS
STEINDLS SOLICITORS
MILLER HARRIS LAWYERS
RESPONDENT
JUDGE: SPENDER J
DATE: 20 NOVEMBER 2003
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