Nicholls as Trustee of the Property of Hills v Hills [2004] FCA 333

FEDERAL COURT OF AUSTRALIA

Nicholls as Trustee of the Property of Hills v Hills [2004] FCA 333 BANKRUPTCY - application to review ruling under s 81(10) of (CTH) Bankruptcy Act 1966 by deputy registrar of Federal Court - nature of decision under review - delegation of judicial power by Federal Court to deputy registrar - validity and nature of delegation - exercise of the federal jurisdiction of the Federal Court - hearing de novo available - refusal of judicial review where more suitable remedy available - power conferred by s 81(12) of (CTH) Bankruptcy Act 1966 exceptional and to be exercised with caution - clear admission of debt - no submission made at examination before deputy registrar as to possible existence of a set-off - application stood over - (CTH) Administrative Decisions (Judicial Review) Act ss - (CTH) Bankruptcy Act 1966 ss 30, 81, 86 - (CTH) Federal Court of Australia Act 1976 ss 35(A) - (CTH) Federal Court Rules O 35A, O 77 rr 7, 28, 29 Bankruptcy Act 1966 s 81(12) Federal Court Rules O 35A r 5 Administrative Decisions (Judicial Review) Act 1977 Federal Court of Australia Act 1976 (Cth) 35A Bankruptcy Act 1869 (UK) s 96 Family Court Rules Lockwood v Commonwealth (1954)90 CLR 177 cited Harris v Caladine (1991) 172 CLR 84 applied Reg. v Chief Constable; Ex parte Calveley [1986] 1 QB 424 cited Clark v Wood (1997) 78 FCR 356 distinguished Ex parte Willey; in re Wright (1883) 23 Ch D 118 referred to Parren; In re Trustee; Ex parte [1933] B & CR 170 cited Public Service Board of NSW v Osmond (1986) 159 CLR 656 cited

ALLAN RICHARD NICHOLLS AS TRUSTEE OF THE PROPERTY OF LANCELOT STANLEY HILLS AND VIEDA ANN HILLS v HARVEY HILLS AND TONY TESORIERO (IN HIS CAPACITY AS A REGISTRAR OF THE FEDERAL COURT OF AUSTRALIA) N 7329 OF 2003 TAMBERLIN J SYDNEY 26 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA