Winn v Boss Lawyers Pty Ltd [2021] FCA 1652

Federal Court of Australia

Winn v Boss Lawyers Pty Ltd [2021] FCA 1652 Appeal from: Boss Lawyers Pty Ltd v Winn [2021] FedCFamC2G 44 Winn v Boss Lawyers Pty Ltd [2021] FCCA 1067

File number(s): NSD 494 of 2021 QUD 311 of 2021

Judgment of: RARES J

Date of judgment: 10 December 2021

Catchwords: BANKRUPTCY AND INSOLVENCY – courts and judges – whether service of bankruptcy notice by email to debtor's email address in accordance with reg 16.01(1)(e) of Bankruptcy Regulations 1996 (Cth) valid – whether Federal Circuit Court of Australia had jurisdiction under s 41(6A) of Bankruptcy Act 1966 (Cth) to extend the time for compliance with bankruptcy notice after commission of act of bankruptcy – whether Registrar's orders extending time under s 41(6A) after expiry of time for compliance of any legal effect – where no application made to set aside judgment debt or extend time before expiry PRACTICE AND PROCEDURE – service by post – service of bankruptcy notice by prepaid post – whether presumption of service seven business days after posting in s 160 of Evidence Act 1995 (Cth) and reg 16.01(1)(a) of Bankruptcy Regulations applies to service by prepaid post of bankruptcy notice BANKRUPTCY AND INSOLVENCY – practice and procedure – service of bankruptcy petition – where debtor filed appearance under r 6.06(2)(a) of Federal Circuit Court Rules 2001 (Cth) before being served with petition – whether service by post in accordance with reg 16.01(1)(a) of Bankruptcy Regulations 1996 and s 160 of Evidence Act to debtor's address for service in notice of appearance sufficient service

Legislation: Bankruptcy Act 1966 (Cth) ss 30, 41, 44, 52 Bankruptcy Regulations 1996 (Cth) reg 16.01 Evidence Act 1995 (Cth) s 160 Federal Circuit Court Rules 2001 rr 6.06, 8.01 International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976)