Applications for a separate decision of questions and consolidation are commonly encountered applications usually designed to lessen hearing time or to bring proceedings to an end. The application of Part 28.2 and 28.5 of the Uniform Civil Procedure Rules 2005 to given facts is not necessarily straight-forward.

Soong v Gleeson (Trustee), in the matter of Soong [2024] FCA 289.  This matter involved an appeal from the determination of a separate question as to whether notice given by a trustee in bankruptcy purportedly pursuant to s 129AA(4) of the Bankruptcy Act 1966 (Cth) was valid.  A question also arose as to whether the bankrupt is discharged from bankruptcy pursuant to s 149 of the Bankruptcy Act on the three year anniversary of filing his or her statement of affairs or on the first instant of the following day.

Delora Pty Ltd v Strathfield Ventures Limited (Supreme Court of NSW, 2010).  This dispute raised issues concerning regarding the enforceability of a Deed of Settlement and Release.  The matter also involved an application for the determination of a separate question.

Cases

Discover some of my latest work

No items found.