Federal Court of Australia
Federal Court of Australia
Allison v Murphy [2021] FCA 1551 Appeal from: Application for extension of time to appeal from: Murphy v Allison [2021] FedCFamC2G 184
File number(s): QUD 389 of 2021
Judgment of: DOWNES J
Date of judgment: 9 December 2021
Catchwords: COSTS – interlocutory application for security for costs – s 56 Federal Court of Australia Act 1976 (Cth) and r 36.09 Federal Court Rules 2011 (Cth) – whether order for security would stifle appeal – where proposed appellant impecunious – where grounds of appeal raise a substantive point of law – where point of law impacts applicant's status as bankrupt – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) s 58 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 36.09
Cases cited: Fard v Secretary, Department of Immigration and Border Protection [2016] FCA 1224 Hardingham v RP Data Pty Limited [2020] FCA 1062 Madgwick v Kelly (2013) 212 FCR 1; [2013] FCAFC 61 Nyoni v Shire of Kellerberrin (No 9) [2016] FCA 472 Pro Teeth Whitening (Aust) Pty Ltd v Parliamentary Secretary to the Treasurer, David Bradbury MP [2013] FCA 1103 Van Schoeler v Allen Taylor and Co trading as Boral Timber [2019] FCA 941
Division: General Division
Registry: Queensland
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 39
Date of hearing: 9 December 2021
Counsel for the Applicant: Mr J Frankcom
Solicitor for the Applicant: CCA Legal Pty Ltd
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