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Key decisions

  • Hayes v Pioneer Credit Acquisition Services Pty Ltd [2019] FCA 1260
  • Australian Securities and Investments Commission v Westpac Banking Corporation (Liability Trial) [2019] FCA 1244
  • logineering Pty Ltd v Blu Logistics SA Pty Ltd (No 3) [2019] FCA 1258
  • Stuart v State of South Australia (Oodnadatta Common Overlap Proceeding) [2019] FCA 1282
  • James v WorkPower Inc [2019] FCA 1239


Procedural fairness – McKenzie friend

For a third time, the Federal Court has made orders setting aside orders of the Federal Circuit Court in litigation in bankruptcy proceedings involving Brett John Hayes. In Hayes v Pioneer Credit Acquisition Services Pty Ltd [2019] FCA 1260 (13 August 2019) Rangiah J set aside a sequestration order against the estate of Mr Hayes on the ground of a denial of procedural fairness. 

At the commencement of the hearing in the Federal Circuit Court, the primary judge refused to allow Mr Hayes to be represented by Mr Welch, who was not a lawyer. His Honour also directed Mr Welch to leave the area where he was sitting behind the bar table near Mr Hayes and move to the public gallery. The primary judge subsequently called security staff into the courtroom and threatened to remove Mr Hayes. However, the hearing continued, with Mr Hayes making submissions on his own behalf.

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