Jensen v Queensland Law Society Incorporated [2004] FCA 1630

FEDERAL COURT OF AUSTRALIA

Jensen v Queensland Law Society Incorporated [2004] FCA 1630 BANKRUPTCY – appeal – respondent resolved to suspend the practising certificate held by the appellant and resolved to be appointed the receiver of the trust property of the appellant – respondent issued a bankruptcy notice founded upon judgment obtained against appellant for amounts respondent paid to persons having claims against the appellant – appellant applied to the Federal Magistrates Court to set aside bankruptcy notice – whether an extension of time ought to be granted to the appellant – whether the appellant had causes of actions available to him that he was unable to bring because he was unaware of the invalidity of the resolutions passed by the respondent until too late – whether appellant's unawareness due to respondent continuing to mislead him about the invalidity of the resolutions – operation of s 40(1)(g) of the Bankruptcy Act 1966 (Cth) – whether a cause of action has accrued – whether the counter-claim, set-off or cross demand could have been set up as a matter of law Bankruptcy Act 1966 (Cth), s40(1)(g) Trade Practices Act 1974 (Cth), s52 Limitation Act 1969 (NSW), s14(1) Hawkins v Clayton (1988) 164 CLR 539 distinguished Jobbins v Capel Court Corporation Limited (1989) 25 FCR 226 followed Re Brink; Ex parte The Commercial Banking Company of Sydney Ltd (1980) 44 FLR 135 cited PETER JENSEN V QUEENSLAND LAW SOCIETY INCORPORATED Q173 OF 2004 KIEFEL J BRISBANE 14 DECEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q173 OF 2004

BETWEEN: PETER JENSEN

APPELLANT

AND: QUEENSLAND LAW SOCIETY INCORPORATED

RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 14 DECEMBER 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: