Federal Court of Australia
Federal Court of Australia
Van Eps v Child Support Registrar (No 2) [2023] FCA 1204 File number(s): QUD 159 of 2023
Judgment of: MEAGHER J
Date of judgment: 5 October 2023
Date of publication of reasons: 9 October 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – Where judge determined that proceeding was not brought within date of compliance required under s 41(7) of the Bankruptcy Act 1966 (Cth) – Where Court has no jurisdiction to extend time for compliance – Proceeding incompetent – Application dismissed PRACTICE AND PROCEDURE – Oral application for adjournment of proceeding pending determination of appeal – Whether applicant's explanation outweighs detriment faced by the respondent – Adjournment refused
Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Hubner v ANZ Banking Group Ltd [1998] FCA 1779 Van Eps v Child Support Registrar [2023] FCA 1068 Zetta Jet Pte. Ltd v The Ship "Dragon Pearl" [2018] FCA 878
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 11
Date of hearing: 5 October 2023
Counsel for the Applicant: The applicant appeared in-person
Counsel for the Respondent: Mr R Tooth
Solicitor for the Respondent: Mills Oakley
ORDERS QUD 159 of 2023
BETWEEN: PETER VAN EPS Applicant
AND: CHILD SUPPORT REGISTRAR Respondent
order made by: MEAGHER J DATE OF ORDER: 5 OCTOBER 2023
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