Adams v Lambert

[2004] FCAFC 322

Full Court of the Federal Court

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Interrogate

Catchwords

1. Bankruptcy
2. › Bankruptcy notice
3. › Validity
4. › Post-judgment interest claimed under wrong provision of Act
5. › Whether error was failure to meet requirement made essential by the Act
6. › Whether distinguishable from case where interest claimed under wrong Act
7. › Bankruptcy Act 1966 (Cth), s 41
1. Practice and Procedure
2. › Precedent
3. › Full Court of Federal Court
4. › Inappropriateness of reconsidering majority decision of specially convened five-member Full Court

Quick Take

The correct statutory provision for post-judgment interest must be cited in bankruptcy notices; citing the wrong section of the correct Act is as fatal as citing the wrong Act entirely.