Re De Vere, Gary Raymond Ex Parte De Vere, Gary Raymond & Anor [1995] FCA 1093

" Where, before the expiration of the time fixed by the Court or the Registrar for compliance with the requirements of a bankruptcy notice: (a) proceedings to set aside the judgment or order in respect of which the bankruptcy notice was issued have been instituted by the debtor; or (b) an application to set aside the bankruptcy notice has been filed with the Registrar; the Court may, subject to subsection (6C), extend the time for compliance with the bankruptcy notice. " It again requires certain things to have been done as a foundation of the court's jurisdiction to extend the time for compliance of a bankruptcy notice. Proceedings to set aside the judgment or order in respect of which the bankruptcy notice was issued must have been instituted, or an application to set aside the bankruptcy notice must have been filed, before the expiration of the time fixed by the court or the Registrar for compliance with the requirements of the bankruptcy notice. Again, in this case, neither of those things was done within that time. In the circumstances, there is no power to make either of the orders sought by the debtor. The general power conferred by s 33 of the Act to extend time does not permit any extension where the express requirements of the subsections are as I have indicated. The applications filed by the debtor on 3 November 1995 and today are dismissed and I order that the applicant pay the costs, of and incidental to the applications, of the Deputy Commissioner of Taxation, including any reserved costs, to be taxed if not agreed. I should indicate that my disposal of the matters concerning the bankruptcy notice does not prejudice anything that might validly be said concerning whether the petition can be successfully prosecuted. Much, of course, will depend on the status of the default judgment on which the bankruptcy notice and the petition is founded. I understand that the petition is set to be heard on 5 February 1996 and one would hope and anticipate that a resolution of the position in respect of the default judgment will have taken place by that date. I order that by consent, pursuant to s 309, that service of petition No. 647 of 1995 on Gary Raymond de Vere at Post Office Box 487, Fortitude Valley, be deemed to be good service pursuant to the Act. I certify that this and the preceding three (3) pages are a true copy of the reasons for judgment herein of the Honourable Justice Spender. Associate Date: 15 December 1995 Mr de Vere appeared in person. Counsel for the Respondent Creditor: Mr P. Hack Instructed by: Australian Government Solicitor Date of Hearing: 15 December 1995