Cadence (90) Investments Pty Ltd (Trustee) v Chalmers

Cadence (90) Investments Pty Ltd (Trustee) applied to the Federal Court of Australia for leave to serve a bankruptcy notice outside of Australia on Mr. Chalmers. The application was made ex parte, meaning only Cadence was present before the court.

The primary legal issue before the court was whether it had the power to grant leave for the service of a bankruptcy notice on a debtor residing outside of Australia, and if so, under what circumstances such leave should be granted. This involved considering the relevant provisions of the *Bankruptcy Act 1966* (Cth) and the *Federal Court Rules 2011* (Cth).

Judge Manousaridis granted the application, finding that the court possessed the necessary jurisdiction to permit service of a bankruptcy notice outside of Australia. The court was satisfied that the requirements for granting such leave were met, enabling Cadence to proceed with serving the bankruptcy notice on Mr. Chalmers in accordance with the court's orders.