Bechara v Bates (No 3) [2023] FCA 1559

FEDERAL COURT OF AUSTRALIA

Bechara v Bates (No 3) [2023] FCA 1559 Appeal from: Bates v Bechara (No 2) [2021] FCCA 1809, Bates v Bechara (No 3) [2021] FedCFamC2G 155 and Bates v Bechara (No 4) [2021] FedCFamC2G 304

File number: NSD 38 of 2022

Judgment of: MARKOVIC J

Date of judgment: 11 December 2023

Catchwords: BANKRUPTCY – appeal from orders made by the Federal Circuit and Family Court of Australia (then the Federal Circuit Court of Australia) following review of a decision made by a registrar to make a sequestration order against the estate of the appellant – where review is a hearing de novo – whether primary judge erred in finding that the Federal Circuit Court's jurisdiction was invoked under s 43 of the Bankruptcy Act 1966 (Cth) – the proper construction of s 43(1)(b) of the Bankruptcy Act – whether subss 43(1)(b)(i) to (iii) of the Bankruptcy Act are to be read cumulatively and not alternatively – whether Re Mendonca; Ex parte Commissioner of Taxation (1969) 15 FLR 256 is plainly wrong – whether Re Vassis; Ex parte Leung (1986) 9 FCR 518 is plainly wrong – whether primary judge erred in analysis of evidence against rr 4.04, 4.05 and 4.06 of the Federal Circuit Court (Bankruptcy) Rules 2016 (Cth) – whether primary judge erred in finding that non-compliance with the Bankruptcy Rules was not of such a nature as to cause substantial injustice within the meaning of s 306(1) of the Bankruptcy Act – whether primary judge erred in finding that appellant was required to comply with r 2.04 and r 2.06 of the Bankruptcy Rules on a review application – appeal dismissed

Legislation: Bankruptcy Act 1966 (Cth) ss 41 subs (3)(c)(i), 43 subs (1)(a) and subs (1)(b), 47, 52 subs (1) and subs (2), 306 subs (1) Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth) r 1.04 Federal Circuit and Family Court of Australia Act 2021 (Cth) s 189(2) Federal Circuit Court (Bankruptcy) Rules 2016 (Cth) rr 1.03, 1.04, 2.04, 2.06, 4.04, 4.05 and 4.06 Federal Circuit Court of Australia Act 1999 (Cth) s 57(2) and s 104(2) Federal Circuit Court Rules 2001 (Cth)