Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McKean Park (A Firm), In the matter of Lawrence v Lawrence [2011] FCA 1291 Citation: McKean Park (A Firm), In the matter of Lawrence v Lawrence [2011] FCA 1291
Parties: MCKEAN PARK (A FIRM) v TESS LAWRENCE
File number: VID 791 of 2011
Judge: NORTH J
Date of judgment: 11 November 2011
Catchwords: BANKRUPTCY - Creditor's Petition - where defect in the note to the interest calculation section of bankruptcy notice - where bankruptcy notice referred to rates Act rather than entitling Act - whether failure to identify entitling provision could reasonably mislead debtor as to what was necessary to comply with notice - whether reference to entitling provision in bankruptcy notice was requirement made essential by the Act - whether bankruptcy notice valid by operation of s 306 Bankruptcy Act
Legislation: Bankruptcy Act 1966 (Cth) Bankruptcy Regulations 1996 (Cth) Magistrates' Court Act 1989 (Vic) Penalty Interest Rates Act 1983 (Vic) District Court Act 1973 (NSW)
Cases cited: Jones v Verity [2007] FMCA 1108 overruled Adams v Lambert (2006) 228 CLR 409 applied Kleinwort Benson Aust Ltd v Crowl (1988) 165 CLR 71 applied
Date of hearing: 13 October 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 26
Counsel for the Applicant: Mr P Fary
Solicitor for the Applicant: McKean Park
Counsel for the Respondent: The respondent did not appear
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 791 of 2011
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