Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Culleton [2016] FCA 1193 File number: WAD 450 of 2016
Judge: MCKERRACHER J
Date of judgment: 5 October 2016
Catchwords: HIGH COURT AND FEDERAL COURT – application for urgent relief before commencement of a proceeding – where application to restrain judgment creditors taking further action in reliance on judgment obtained in District Court – whether judgment obtained in District Court was subject of any true right of appeal where prospective applicant was a bankrupt at the time of the appeals – whether Act repealing reference to Her Majesty voids jurisdiction of courts – requirement to issue s 78B notices where points raised unarguable or vexatious Held: application before commencement of a proceeding dismissed
Legislation: Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 (WA) Bankruptcy Act 1966 (Cth) ss 5, 154 Constitution s 118 Federal Court of Australia Act 1976 (Cth) ss 21, 22 Federal Court Rules 2011 (Cth) r 7.01 Judiciary Act 1903 (Cth) ss 39B(1A)(b), 78B
Cases cited: Culleton v Dakin Farms Pty Ltd [2015] WASCA 183 Culleton v Macquarie Leasing Pty Ltd (No 2) [2015] FCA 1478 Glew v The Governor of Western Australia [2009] WASC 14 Glew v Shire of Greenough [2006] WASCA 260 Glew v Shire of Greenough [2007] HCA Trans 520 Mareva Compania Naviera SA v International Bulkcarriers SA [1980] 1 All ER 213 Nippon Yusen Kaisha v Karageorgis [1975] 1 WLR 1093 Shaw v Attorney General [2005] WASC 149 Shaw v McGinty [2006] WASCA 231
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