Section 58(3) of the Bankruptcy Act 1966 (Cth) operates as a stay of enforcement within the meaning of s 15(2) of the Foreign Judgments Act 1991 (Cth), preventing a judgment creditor from obtaining a certificate of finality for use in foreign enforcement proceedings while the judgment debtor is bankrupt and the debt is a provable debt. Leave granted by the Federal Court to continue foreign proceedings does not extend to seeking certificates in Australian courts unless the leave order specifically so provides. The Prothonotary's act of issuing a certificate under s 15 is a reviewable 'decision' under the ADJR Act.
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