Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lee v Dentons Australia Limited [2024] FCA 622 File number: NSD 1418 of 2023
Judgment of: CHEESEMAN J
Date of judgment: 14 June 2024
Catchwords: BANKRUPTCY AND INSOLVENCY — application for a review of a Registrar's decision — whether substituted service orders properly construed excluded the operation of reg 102 of the Bankruptcy Regulations 2021 (Cth) and s 28A of the Acts Interpretation Act 1901 (Cth) — whether there is proof to the contrary in accordance with reg 102(2) of the Bankruptcy Regulations establishing that the bankruptcy notice was not delivered — whether the application to set aside the bankruptcy notice was made within time — whether Lamb v Sherman [2023] FCAFC 85 is wrongly decided where Lamb v Sherman is binding — Held: Orders made on 19 December 2023 confirmed. Application dismissed.
Legislation: Acts Interpretation Act 1901 (Cth) ss 2(1), 13(1), 28A(1), 46(1)(a) Bankruptcy Act 1966 (Cth) ss 30(1), 40(1)(g), 41(6A), (7), 309(2) Bankruptcy Regulations 1996 (Cth) reg 16.01 Bankruptcy Regulations 2021 (Cth) reg 102(1), (2) Commonwealth Electoral Act 1918 (Cth) Electronic Transaction Act 1999 (Cth) Federal Court (Bankruptcy) Rules 2016 (Cth) r 2.02 Federal Court of Australia Act 1976 (Cth) ss 35A(1), (5), (6) Federal Court Rules 2011 (Cth) rr 2.21, 2.23, 2.24, 2.25, 3.11 Legislation Act 2003 (Cth) s 13(1)(a)
Cases cited: Abu-Amsha v Wagner [2019] FCA 900 Australian Tea Tree Oil Research Institute v Industry Research & Development Board [2002] FCA 1127; 124 FCR 316 Bechara v Bates [2021] FCAFC 34; 286 FCR 166 Bobos v Deputy Commissioner of Taxation [2019] FCA 1910 Bryant the Commonwealth Bank of Australia (1994) 217 ALR 251 Di Gregorio v Lumi Financial Pty Ltd [2022] FCA 94 GE Commercial Australasia Pty Ltd v Tinkler [2016] FCA 55; 247 FCR 257 Gill v Donald Humberstone & Co Ltd (1963) 1 WLR 929 Hacker v The Owners - Strata Plan No. 17572 [2005] FCA 1936 Harris v Caladine [1991] HCA 9; 172 CLR 84 Lamb v Sherman [2023] FCAFC 85; 298 FCR 79 Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 [2021] FCAFC 143; 286 FCR 494 T & S Recoveries Pty Ltd v Skalkos, in the matter of Skalkos [2004] FCA 816 Skalkos v T & S Recoveries Pty Ltd [2004] FCAFC 321; 141 FCR 107 Van Epps v Child Support Registrar [2023] FCA 1068
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