Federal Court of Australia
Federal Court of Australia
Fitzgerald v Fitzgerald [2020] FCA 1615 File number: QUD 107 of 2020
Judgment of: REEVES J
Date of judgment: 6 November 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – application for review of a Registrar's decision under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) – where the Registrar dismissed an application under s 40(1)(g) of the Bankruptcy Act 1966 (Cth) and r 3.02(3) of the Federal Court (Bankruptcy) Rules 2016 (Cth) to set aside a bankruptcy notice – whether the applicant has a counter-claim, set-off or cross demand equal to, or in excess of, the judgment debt – whether there is sufficient substance to the counter-claim, set-off or cross demand – whether the Court should go behind the judgment debt – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) Federal Court (Bankruptcy) Rules 2016 (Cth) Federal Court of Australia Act 1976 (Cth) Supreme Court of Queensland Act 1991 (Qld) Uniform Civil Procedure Rules 1999 (Qld)
Cases cited: Deputy Commissioner of Taxation v Commercial & General Law (SA) Pty Ltd (2011) 198 FCR 417; [2011] FCA 1269 Deputy Commissioner of Taxation v NRA Engineering Pty Ltd (in liq) (No 2) [2019] FCA 1755 Glew v Harrowell, in the matter of Glew (2003) 198 ALR 331; [2003] FCA 373 Royal v Nazloomian, in the matter of Royal [2019] FCA 555 Wren v Mahony (1972) 126 CLR 212 Macquarie Dictionary (8th ed, Macquarie Dictionary Publishers, 2020)
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