Cosenza v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCA 85

FEDERAL COURT OF AUSTRALIA

Cosenza v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCA 85 Citation: Cosenza v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCA 85

Parties: DEAN COSENZA v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: SAD 218 of 2011

Judge: MANSFIELD J

Date of judgment: 13 February 2012

Catchwords: BANKRUPTCY – going behind orders – interest – two or more orders – meaning of "final orders" – misnomer on notice – counterclaim – abuse of process

Legislation: Social Security Act 1991 (Cth) Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) Bankruptcy Legislation Amendment Act 2002 Federal Court Rules 2011

Cases cited: Cosenza v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 1525 Re Huston; Ex parte Kendall, McAdam & O'Dwyer (1985) 8 FCR 355 Abigroup Ltd v Abignano (1992) 39 FCR 74 Re Gibbs, Ex parte Triscott (1996) 65 FCR 80 Kleinwort Benson Australia Ltd v Crowl (1998) 165 CLR 71 Northam v Commonwealth Bank of Australia [1999] FCA 544 Re Wimborne; ex parte Debtor (1974) 24 ALR 494 Autron Pty Ltd v Benk [2011] FCAFC 93 Guss v Johnstone (2000) 74 ALJR 884 Re Cox (1934) 7 ABC 98 Re Brink; Ex parte Commercial Banking Co of Sydney Ltd (1980) 44 FLR 135 Ebert v The Union Trustee Co of Australia Ltd (1960) 104 CLR 346 Williams v Spautz (1992) 174 CLR 509