By -

Key decisions

  • Hayes v Pioneer Credit Acquisition Services Pty Ltd [2018] FCA 1113
  • ADF15 v Minister for Immigration and Border Protection [2018] FCA 1099
  • Castle v United States [2018] FCA 1079
  • Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] FCA 83

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 s 52 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.

You've reached the end of this article preview

There's more to read! Subscribe to LSJ today to access the rest of our updates, articles and multimedia content.

Subscribe to LSJ

Already an LSJ subscriber or Law Society member? Sign in to read the rest of the article.

Sign in to read more