An order setting off costs against damages in the same proceeding is not the enforcement of a 'remedy against the property of the bankrupt' under s 58(3)(a) of the Bankruptcy Act 1966 (Cth), because the set-off process is a step in determining whether an enforceable judgment will be entered and for what amount. However, the hearing and determination of a set-off application may constitute a 'fresh step' under s 58(3)(b) requiring Federal Court leave, even where the application was made before the bankruptcy commenced. There is a divergence of opinion on whether the hearing and determination of a pre-bankruptcy application constitutes a 'fresh step'.
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