High Court Registry closure

The High Court Registry will be closed from 4.00pm on Wednesday, 24 December 2025 and will re-open at 9:00am on Friday, 2 January 2026.

Any party seeking to file a document due to be filed between 25 December 2025 and 1 January 2026 has an automatic extension of time under the  High Court Rules 2004 (Rule 4.01.5) until 4:00pm on Friday, 2 January 2026 to file the document. Any documents lodged between 25 December 2025 and 1 January 2026 will be reviewed on 2 January 2026.

All inquiries for the High Court will be considered when the Registry re-opens on Friday, 2 January 2026.If a matter is of extreme urgency, you may telephone 1800 570 566, select Option 1 and leave a voicemail. In addition provide details by email to: registry@hcourt.gov.au.

Ramsay Health Care Australia Pty Ltd v Compton

[2017] HCA 28
Case number
S53/2017
Before
Kiefel CJ, Gageler, Keane, Nettle, Edelman JJ
Catchwords

Bankruptcy – Creditor's petition – Where petitioning creditor relied upon judgment debt – Where judgment debt resulted from contested hearing – Where no suggestion of fraud or collusion in obtaining judgment – Where evidence adduced to suggest debt not truly owing – Whether Bankruptcy Court has, and should exercise, discretion to "go behind" judgment to investigate debt.

Words and phrases – "debt truly owing", "fraud, collusion or miscarriage of justice", "'go behind' a judgment", "miscarriage of justice".

Bankruptcy Act 1966 (Cth) – s 52.

Files
28.rtf (367.31 KB)
28.pdf (238.84 KB)