Hussein v Kubica [2014] FCA 695

FEDERAL COURT OF AUSTRALIA

Hussein v Kubica [2014] FCA 695 Citation: Hussein v Kubica [2014] FCA 695

Appeal from: Application for extension of time: Hussein v Kubica [2013] FCCA 1817 Kubica v Hussein [2013] FCCA 1957 Kubica v Hussein (No 2) [2013] FCCA 2092

Parties: MOHAMED HUSSEIN v HALINA BARBARA KUBICA MOHAMED HUSSEIN v HALINA BARBARA KUBICA and THE OFFICIAL TRUSTEE IN BANKRUPTCY

File number: NSD 2460 of 2013 NSD 164 of 2014

Judge: JAGOT J

Date of judgment: 30 June 2014

Catchwords: PRACTICE AND PROCEDURE – Appeals – leave to appeal – appellant sought adjournment before primary judge on basis of pending application under Family Law Act 1975 (Cth) s 79A and pending special leave application to High Court – whether primary judge erred in refusing to grant adjournment PRACTICE AND PROCEDURE – application for extension of time to file notice of appeal – whether primary judge's decision attended by sufficient doubt BANKRUPTCY AND INSOLVENCY – application to set aside or extend time for compliance with bankruptcy notice – time for compliance with notice expired at time of commencing proceeding – whether primary judge erred in finding court lacked jurisdiction

Legislation: Bankruptcy Act 1966 (Cth) ss 41(6A), 41(7), 52 Family Law Act 1975 (Cth) s 79A Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) rule 36.05

Cases cited: Ahearn v Deputy Commissioner of Taxation (1987) 76 ALR 137 DCT v Cummins (2008) 70 ATR 855 DÉcor Corp Pty Ltd v Dart Industries Inc (1991) 104 ALR 621 Franich v Secretary, Department of Families, Housing Community Services and Indigenous Affairs [2011] FCA 1362 Luck v The University of Southern Queensland [2011] FCA 1335 Re Schmidt; Ex parte Anglewood Pty Ltd (1968) 13 FLR 111 SZQBI v Minister for Immigration and Citizenship [2011] FCA 1388 Westpac Banking Corporation v Carver [2003] 126 FCR