Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Frigger v Murfett Legal Pty Ltd [2018] FCA 591 File number: WAD 364 of 2017
Judge: MCKERRACHER J
Date of judgment: 1 May 2018
Catchwords: BANKRUPTCY AND INSOLVENCY – application to set aside a bankruptcy notice – whether the applicants have a counterclaim – whether there is an entitlement to damages pursuant to a prior undertaking – applicability of National Credit Code – where there was a failure to advance arguments in previous proceedings
Legislation: Bankruptcy Act 1966 (Cth) s 40(1)(d) National Consumer Credit Protection Act 2009 (Cth) Sch 1 s 44 National Consumer Credit Protection Regulations 2010 (Cth) reg 24 Legal Profession Act 2008 (WA) s 272 Transfer of Land Act 1893 (WA) s 140
Cases cited: Brott v Shtrambrandt & Ors [2009] VSC 467 Re Cox (1934) 7 ABC 98 Dekkan v Evans [2008] FCA 1004 Ebert v Union Trustee Co of Australia Ltd (1960) 104 CLR 346 Frigger v Murfett Legal Pty Ltd [2016] WADC 71 Geeveekay v Director of Consumer Affairs (Vic) [2008] VSC 50 Re Glew; Glew v Harrowell of Hunt & Hunt Lawyers (N7350 of 2002) (2003) 198 ALR 331 Grey v Sirtex Medical Ltd (2011) 193 FCR 1 Murfett Legal Pty Ltd v Frigger [2015] WASC 406 Murfett Legal Pty Ltd v Frigger (No 2) [2017] WASC 262 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589
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