Federal Court of Australia
Federal Court of Australia
Van Eps v Child Support Registrar [2023] FCA 1068 File number(s): QUD 159 of 2023
Judgment of: COLLIER J
Date of judgment: 11 September 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – Whether application to set aside bankruptcy notice filed within time under s 41(7) Bankruptcy Act 1966 (Cth) – when applicant served with bankruptcy notice – meaning of "within 21 days after" - when application taken to be filed under r 2.25 Federal Court Rules 2011 (Cth) - whether Court has jurisdiction to hear application to set aside bankruptcy notice
Legislation: Acts Interpretation Act 1901 (Cth) s 36 Bankruptcy Act 1966 (Cth) ss 5, 41(2A), 41(7) Federal Court Rules 2011 (Cth) rr 1.34, 1.39, 2.25, Sch 1
Cases cited: Di Gregorio v Lumi Financial Pty Ltd [2022] FCA 94 Nugawela v Deputy Commissioner of Taxation [2016] FCA 578 Re Shaddock; Shaddock v Commonwealth Bank of Australia (Federal Court of Australia, Goldberg J, 9 April 1998, unreported)
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 36
Date of hearing: 29 August 2023
Counsel for the First Respondent: Mr RW Tooth
ORDERS QUD 159 of 2023 BETWEEN: PETER VAN EPS Applicant
AND: CHILD SUPPORT REGISTRAR Respondent
order made by: COLLIER J DATE OF ORDER: 11 september 2023
THE COURT DECLARES THAT:
The application lodged electronically by Peter Van Eps at 3.33pm on 25 April 2023 was not filed before the expiration of the time fixed for compliance with Bankruptcy Notice Number BN 259346 for the purposes of s 41(7) of the Bankruptcy Act 1966 (Cth).
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