Fuller JR, in the matter of Alford v Alford [2017] FCA 782

FEDERAL COURT OF AUSTRALIA

Fuller JR, in the matter of Alford v Alford [2017] FCA 782 File number(s): NSD 1234 of 2016

Judge(s): PERRY J

Date of judgment: 12 July 2017

Catchwords: BANKRUPTCY – application for sequestration order under s 43, Bankruptcy Act 1966 (Cth) - where debtor outside Australia when act of bankruptcy occurred – whether jurisdiction to make sequestration order– whether debtor ordinarily resident in Australia, had a dwelling house in Australia or carried on a business in Australia BANKRUPTCY – discussion of principles governing validity of bankruptcy notice –where debtor not present in Australia at time of service – whether service of bankruptcy notice by email to Australian address deemed to have occurred in Australia under reg 16.01, Bankruptcy Regulations 1999 (Cth) – whether service effected within Australia by operation of s 14B, Electronic Transactions Act 1999 (Cth) – whether failure to specify level of building in address for payment and service in bankruptcy notice substantive defect - decision in Celestini v Monte Paschi Australia Limited (1996) 71 FCR 399 not followed – whether reference to Federal Magistrates Court in bankruptcy notice and failure to refer to Federal Circuit Court substantive defect – whether bankruptcy notice could reasonably mislead debtor

Legislation: Acts Interpretation Act 1901 (Cth), s 25C Bankruptcy Act 1966 (Cth), ss 40, 41, 43, 156, 306, 309 Electronic Transactions Act 1999 (Cth), s 14B Bankruptcy Regulations 1999 (Cth), regs 4.02, 16.01 Civil Procedure Act 2005 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), r 36.7