Hurst-Meyers v Hoy [2024] FCA 1499

Federal Court of Australia

Hurst-Meyers v Hoy [2024] FCA 1499 Appeal from: Hoy, in the matter of Hurst-Meyers v Hurst-Meyers [2024] FedCFamC2G 187

File number(s): ACD 17 of 2024

Judgment of: CHEESEMAN J

Date of judgment: 20 December 2024

Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from a decision of the Federal Circuit and Family Court of Australia – where the primary judge dismissed an application for review of a sequestration order made by a Registrar – where appeal by way of rehearing – where appellant did not identify appellable error – whether grounds of appeal competent – whether to extent grounds not competent, appellable error established – Held: appeal dismissed. PRACTICE AND PROCEDURE – application to dismiss further amended notice of appeal because not competent – where leave granted on two occasions to reformulate grounds of appeal – whether appeal grounds expose appellable error – Held: some grounds dismissed because not competent. PRACTICE AND PROCEDURE – application to dismiss appeal for want of prosecution and default of court orders – where appellant has repeatedly failed to comply with the timetable entered by the Court, including where extensions in favour of the appellant had been granted – where appellant appeared at the hearing and sought to press his appeal –whether necessary to determine dismissal application – Held: not necessary to determine.

Legislation: Bankruptcy Act 1966 (Cth) ss 43, 52(1), 52(2), 52(3) Federal Circuit and Family Court of Australia Act 2021 (Cth) s 256(1) Federal Court of Australia Act 1976 (Cth) ss 24(1)(d) Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth) Federal Court of Australia Rules 2011 (Cth) rr 36.01(2)(c), 36.72(5), 36.74