Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bechara v Bates [2018] FCA 460 Appeal from: Application for extension of time: Bates v Bechara (No 2) [2017] FCCA 985
File number: NSD 981 of 2017
Judge: PERRY J
Date of judgment: 6 April 2018
Catchwords: PRACTICE AND PROCEDURE - extension of time within which to seek leave to appeal - appeal from Federal Circuit Court decision refusing to reinstate proceedings summarily dismissed for default – capacity in which self-represented barrister appears and ability to recover costs for so appearing - whether power to grant default judgment under rule 13.03C, Federal Circuit Court Rules is not available on an application for review of a sequestration order made under s 104, Federal Circuit Court of Australia Act - whether primary judge required to satisfy himself that the sequestration order was properly made - whether the applicant denied procedural fairness in refusal to grant adjournment - where the proposed grounds have no reasonable prospects of success - extension of time dismissed
Legislation: Federal Circuit Court of Australia Act 1999 (Cth) ss 17A, 103, 104 Federal Court of Australia Act 1976 (Cth) Federal Circuit Court Rules 2001 (Cth) rr 1.03, 4.05, 4.08, 13.03C, 13.03B, 13.03A, 16.05 Federal Court Rules 2011 (Cth) r 35.13 Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27 BAO15 v Minister for Immigration and Border Protection [2016] FCA 214 Bechara v Bates (No 4) [2015] NSWSC 1722 Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 BZADA v Minister for Immigration and Border Protection [2013] FCA 1062 House v The King (1936) 55 CLR 499 Hudson v Sigalla (No 2) [2017] FCA 339 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jamal v Secretary, Department of Social Services [2017] FCA 916 Lenijamar Pty Ltd v AGC (Advances) Limited (1990) 27 FCR 388 MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 Pattison v Hadjimouratis [2006] FCAFC 153; (2006) 155 FCR 226 Perera v Minister for Immigration and Border Protection [2013] FCA 1417 Speedo Holdings B.V. v Evans (No 2) [2011] FCA 1227
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