Adelaide Bank Limited v Phontos [2016] FCA 824

FEDERAL COURT OF AUSTRALIA

Adelaide Bank Limited v Phontos [2016] FCA 824 File number: NSD 864 of 2016

Judge: ROBERTSON J

Date of judgment: 19 July 2016

Catchwords: HIGH COURT AND FEDERAL COURT – bankruptcy courts – meaning and effect of "jurisdiction in bankruptcy, and that jurisdiction is exclusive" in s 27 of the Bankruptcy Act 1966 (Cth) – whether Court should grant remedies to prevent a party, who was a solicitor, in whose favour a costs order was made in the Supreme Court of New South Wales from pursuing an application for assessment of party/party costs under the Legal Profession Act 2004 (NSW) before a costs assessor because of that party's subsequent bankruptcy – additional jurisdiction of Supreme Court of New South Wales under s 4 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) where a matter is within the original jurisdiction of the Federal Court by virtue of s 39B of the Judiciary Act 1903 (Cth) and therefore a "special federal matter" as defined in s 3 of that Act BANKRUPTCY AND INSOLVENCY – where costs order in favour of a party, who was a solicitor, made in the Supreme Court of New South Wales – where that party subsequently became bankrupt – where that party applied for assessment of party/party costs under the Legal Profession Act 2004 (NSW) before a costs assessor –whether Court should grant remedies to prevent that party from pursuing that application COSTS – purpose and effect of the statutory regime for costs assessment under Division 11 of the Legal Profession Act 2004 (NSW) – status of costs assessors appointed under s 390 of the Legal Profession Act 2004

Legislation: Bankruptcy Act 1966 (Cth) s 27 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) ss 3, 4, 6 Legal Profession Act 2004 (NSW) ss 353, 355, 356, 390 Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Application Regulation 2015 cl 59