Fitzgerald v Fitzgerald

[2021] FCAFC 225

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Interrogate

Catchwords

1. Bankruptcy and Insolvency
2. › Bankruptcy Notice
3. › Application to set aside
4. › Counter-claim, set-off or cross demand under s 40(1)(g) Bankruptcy Act 1966 (Cth)
1. Bankruptcy and Insolvency
2. › Bankruptcy Notice
3. › Going behind judgment debt
4. › Where judgment debt arises from costs order
1. Bankruptcy and Insolvency
2. › Sequestration Order
3. › Adjournment of creditor's petition pending appeal
1. Bankruptcy and Insolvency
2. › Sequestration Order
3. › Discretion to transfer proceedings to Federal Court

Quick Take

A costs order, being itself productive of the liability with no antecedent debt, presents particular difficulty when seeking to go behind the judgment in bankruptcy proceedings, and the mere existence of an appeal against refusal to set aside a bankruptcy notice does not in itself warrant adjournment of a creditor's petition.