Burrows v Macpherson and Kelley Lawyers (Sydney) Pty Ltd [2023] FCA 622

Federal Court of Australia Burrows v Macpherson and Kelley Lawyers (Sydney) Pty Ltd [2023] FCA 622 Appeal from: Burrows v Macpherson and Kelley Lawyer (Sydney) NSW [2022] FedCFamC2G 1048

File number(s): NSD 77 of 2023

Judgment of: JACKMAN J

Date of judgment: 13 June 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – appeal against decision concerning application to set aside bankruptcy notice – whether application to set aside bankruptcy notice made in time – where application made more than 21 days from the date of delivery of bankruptcy notice to document exchange and last known address of person, but not more than 21 days from actual notice – construction of regulation 102 of the Bankruptcy Regulations 2021 (Cth) – no "contrary intention" in the Bankruptcy Act 1966 (Cth) in relation to the service of bankruptcy notices – date of delivery of bankruptcy notice is determinative, not date of receipt APPEAL AND NEW TRIAL – where the primary judge made an adverse finding to the appellant in respect of an issue which was not in dispute – appeal should proceed as though the criticised reasoning of the primary judge did not exist – whether the appeal should be referred to a Full Court pursuant to s 25(1AA) of the Federal Court of Australia Act 1976 (Cth) – no important question of law arises for determination and referral would prejudice the respondent

Legislation: Bankruptcy Act 1966 (Cth) ss 12, 30, 40, 41, 42, 43, 81A, 81G, 118, 139ZIE, 139ZM, 139 ZO, 139ZS, 139ZT Federal Court of Australia Act 1976 (Cth) s 25(1AA) Bankruptcy Regulations 1996 (Cth) reg 16.01 Bankruptcy Regulations 2021 (Cth) reg 102