Council of the Law Society of the Australian Capital Territory v Ezekiel-Hart, in the matter of Ezekiel-Hart [2024] FCA 1341

Federal Court of Australia Council of the Law Society of the Australian Capital Territory v Ezekiel-Hart, in the matter of Ezekiel-Hart [2024] FCA 1341 File number:

Judgment of: PERRY J

Date of judgment: 21 November 2024

Catchwords: BANKRUPTCY AND INSOLVENCY – creditor's petition for a sequestration order – leave granted to amend defect or irregularity in the creditor's petition where no injustice has been caused by the defect or irregularity – debtor failed to comply with bankruptcy notice – act of bankruptcy committed – respondent debtor's evidence inadequate to establish that he is able to pay his debts so as to satisfy s 52(2)(a) of the Bankruptcy Act 1966 (Cth) – respondent failed to establish that for other sufficient cause, the sequestration order ought not to be made for the purposes of s 52(2)(b) of the Bankruptcy Act 1966 (Cth) – sequestration order made.

Bankruptcy Act 1966 (Cth) ss 40, 43, 44, 47, 52. Legislation: Federal Court of Australia Act 1976 (Cth) ss 35A, 37M, 37M. Federal Court (Bankruptcy) Rules 2016 (Cth) rr 4.02, 4.04, 4.05, 4.06. Bankruptcy Regulations 2021 (Cth) reg 10A.

ACW v Du Bray (No 2) [2020] FCA 994 Bell Lawyers Pty Ltd v Pentelow [2019] FCA 29; (2019) 269 CLR 333 Bullen v Mangano [2024] FCA 1199 Daly v Watson [1994] FCA 361; (1994) 50 FCR 544 Ezekiel-Hart v Council of the Law Society of the ACT (No 7) [2024] ACTSC 12 Ezekiel-Hart v Law Society of the Australian Capital Territory [2013] FCA 257 Ezekiel-Hart v Reis [2024] FCA 1203 Ezekiel-Hart v Reis [2024] FedCFamC2G 121 Ezekiel-Hart v The Law Society of the Australian Capital Territory & Ors [2014] FCCA 400 Ezekiel-Hart v The Law Society of The ACT [2014] FCCA 658 Forrest v Australian Securities and Investments Commission [2012] HCA 39; (2012) 247 CLR 486 Cases cited: Glew v Harrowell [2003] FCA 373 Guss v Johnstone [2000] HCA 22; 171 ALR 598 Nobarani v Mariconte [2018] HCA 36; (2018) 265 CLR 236 Re Cirillo; Ex parte Deputy Commissioner of Taxation [1992] FCA 408; (1992) 36 FCR 279 Simjanovska v Department of Human Services [2019] FCA 499 Singh v Khan (No 2) [2021] FCA 463 SZFDE v Minister for Immigration and Citizenship [2007] FCA 35; (2007) 232 CLR 189 Woodridge v Australian Securities and Investments Commission [2015] FCA 349 Ezekiel-Hart v Reis (Leave to Appeal) [2019] ACTSC 193 Ezekiel-Hart v Reis [2018] ACTSC 264 Ezekiel-Hart v Reis [2019] ACTCA 31 Ezekiel-Hart v The Law Society of the Australian Capital Territory [2012] ACTSC 103 Rajski v Scitec Corporation Pty Ltd unreported, New South Wales Court of Appeal, 16 June 1986