Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Samootin v Official Trustee in Bankruptcy [2012] FCA 64 Citation: Samootin v Official Trustee in Bankruptcy [2012] FCA 64
Parties: ALEXANDRA SAMOOTIN v OFFICIAL TRUSTEE IN BANKRUPTCY
File number: NSD 164 of 2011
Judge: KATZMANN J
Date of judgment: 10 February 2012
Catchwords: PRACTICE AND PROCEDURE – Federal Court Rules 2001 (Cth) – r 30.01 – Application for separate trials – Discretion to order separate hearing – Separate questions – Whether preliminary question of whether application made within time should be heard separately from other questions – Factors affecting discretion to order separate hearing
Legislation: Bankruptcy Act 1966 (Cth) Bankruptcy Legislation Amendment Bill 2002 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Judiciary Act 1903 (Cth) Sex Discrimination Act 1984 (Cth)
Cases cited: Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 David Grant & Co Pty Ltd (rec apptd) v Westpac Banking Corporation (1995) 184 CLR 265 Jacobson v Ross [1995] 1 VR 337 Landsal Pty Ltd (in liq) v REI Building Society (1993) 41 FCR 421 Re Finlayson; Ex parte Finlayson (1997) 72 ALJR 73 Reading Australia Pty Ltd v Australian Mutual Provenance Society (1999) 217 ALR 495 Samootin v Shea [2010] NSWCA 371
Date of hearing: 1 February 2012
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