Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rahman v Dubs (No 2) [2012] FCA 1081 Citation: Rahman v Dubs (No 2) [2012] FCA 1081
Appeal from: Dubs v Rahman [2012] FMCA 664
Parties: MOHAMMAD TABIBAR RAHMAN v ROSALIND V DUBS
File number: NSD 1092 of 2012
Judge: FLICK J
Date of judgment: 5 October 2012
Catchwords: BANKRUPTCY – sequestration order – appeal against sequestration order – pending proceedings in relation to debts owed – whether sequestration order should be made before proceedings finally determined CONSTITUTIONAL LAW – constitutional power to enact Bankruptcy Act 1966 (Cth) – Constitution s 51(xvii) – plenary power in relation to bankruptcy PRACTICE AND PROCEDURE – notice of constitutional matter – Judiciary Act 1903 (Cth) s 78B – whether Court bound to not proceed in all cases – nature of "imperfect obligation"
Legislation: Bankruptcy Act 1924 (Cth) s 209 Bankruptcy Act 1966 (Cth) s 52 Constitution s 51(xvii) Crimes Act 1914 (Cth) Federal Court Rules 2011 (Cth) Federal Magistrates Court (Bankruptcy) Rules 2006 (Cth) r 4.06 Judiciary Act 1903 (Cth) s 78B Uniform Civil Procedure Rules 2005 (NSW)
Cases cited: Ahern v Deputy Commissioner of Taxation (Qld) (1987) 76 ALR 137, considered Australian Competition and Consumer Commission v C G Berbatis Holdings Pty Ltd [1999] FCA 1151, 95 FCR 292, considered Burgess v Permanent Custodians Ltd [2010] FCA 986, cited Deputy Commissioner of Taxation v Caporale Group Pty Ltd [2011] FCA 1189, cited Deputy Commissioner of Taxation v Cumins [2008] FCA 353, 101 ALD 78, cited Deputy Commissioner of Taxation v Warrick (No 2) [2004] FCA 918, 56 ATR 371, cited Dolman, Re; Ex parte Elder Smith Goldsbrough Mort Ltd (1967) 10 FLR 384, cited Dubs v Rahman [2012] FMCA 664, affirmed Glennan v Commissioner of Taxation [2003] HCA 31, 198 ALR 250, cited Gould v Day [2000] FCA 1673, cited In re Richard Foreman & Sons Pty Ltd v Federal Commissioner of Taxation (1947) 74 CLR 508, cited R v Federal Court of Bankruptcy; Ex parte Lowenstein (1938) 59 CLR 556, cited Rahman v Dubs [2012] NSWSC 1065, referred to Rigg v Baker [2006] FCAFC 179, 155 FCR 531, cited Russell v Polites Investments Pty Ltd [2012] FCA 11, cited Stuart-Robertson v Lloyd (1932) 47 CLR 482, cited The Queen v Davison (1954) 90 CLR 353, cited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate