An application to substitute a new party as respondent to an appeal is a 'fresh step' in a legal proceeding 'in respect of a provable debt' under s 58(3)(b) of the Bankruptcy Act 1966 (Cth) where the substitution is necessary before the appeal can be heard and the appeal may restore a costs liability constituting a provable debt. Leave from a court with bankruptcy jurisdiction is required before such an application can be determined by a court without bankruptcy jurisdiction.
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