BANKRUPTCY – where the applicant seeks review under s 35A(A) Federal Court of Australia Act 1976 (Cth) of a sequestration order made by a registrar– nature of such review where the Federal Court of Australia has power – where the applicant submits the court should exercise its discretion under s 52 (2) of the Bankruptcy Act 1966 (Cth) not to make a sequestration order – where the onus falls on the creditor to prove the matters stated in the petition – where the court is satisfied that the bankruptcy notice was served, an act of bankruptcy committed and the applicant failed to comply with notice in time – where the applicant alleges the sequestration order was obtained by fraud – where the applicant alleges a counter-claim based on fraud or abuse of process against the respondent sets off the creditor’s petition – where applicant failed to establish that he has a real claim against the creditor that is likely to succeed, St George Bank Ltd v Helfenbaum [1999] FCA 1337 applied – where a State court dismissed applicant’s leave to appeal application against disciplinary finding by QCAT which resulted in an undertaking by the applicant not to practice medicine again – whether depriving the applicant his right to practice amounts to an acquisition of property on just terms contrary to s 51(xxxiii) of the Constitution (Cth) – where even assuming such deprivation amounted to an acquisition of property, it occurred under State law – application dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0673
For more information, see the original judgement.
