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Federal court judgments

Federal court judgments

By Dan Star

Courts Judgment Justice 

Bankruptcy – procedural fairness. Right to fair hearing
Hayes v Pioneer Credit Acquisition Services Pty Ltd [2018] FCA 1113 (30 July 2018) concerned an appeal from the Federal Circuit Court in which a sequestration order was made against the estate of the appellant pursuant to s52 of the Bankruptcy Act 1966 (Cth). The appellant (a litigant in person) succeeded on the ground that he was denied procedural fairness at the hearing of the creditor’s petition in circumstances where he was removed from the courtroom and therefore not able to give evidence or make submissions.
At the hearing of the creditor’s petition, the appellant (who was also self-represented at this hearing) refused to identify himself as the respondent, despite being asked 13 times in total to do so, and an unproductive and frustrating exchange ensued between the primary judge and the appellant (at [7]).

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