Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rashed v Perpetual Trustees Victoria Ltd [2010] FCA 1046 Citation: Rashed v Perpetual Trustees Victoria Ltd [2010] FCA 1046
Parties: RASMIA RASHED v PERPETUAL TRUSTEES VICTORIA LTD (ACN 004 027 258) and MATTHEW KILPATRICK
File number: VID 414 of 2009
Judge: GRAY J
Date of judgment: 31 August 2010
Catchwords: PRACTICE AND PROCEDURE – service – service by post – whether evidence that letter left in mail room of solicitor's firm sufficient evidence of posting PRACTICE AND PROCEDURE – solicitor – notice of ceasing to act – non-compliance with requirement to file affidavit as to giving of seven days' notice to client – whether solicitor still on the record COURTS AND JUDGES – judgment – terms of settlement – terms subject to condition precedent – release by another party – whether sufficient evidence that condition precedent satisfied DEBTOR AND CREDITOR – payment – whether open to creditor to specify particular method of payment – whether non-payment proved by evidence of absence of payment by particular method entered – settlement of proceedings – failure to pay settlement sum into solicitor's trust account – calculation of interest up to judgment
Legislation: Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules O 7 r 4A(1)(d), O 35 r 7A, O 7 r 4(1)(b), O 7 r 4(2), O 45 r 7(2), O 45 r 7(3)
Date of hearing: 31 August 2010
Place: Melbourne
Division: GENERAL DIVISION
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