George v Fletcher (Trustee) [2012] FCAFC 148

FEDERAL COURT OF AUSTRALIA

George v Fletcher (Trustee) [2012] FCAFC 148 Citation: George v Fletcher (Trustee) [2012] FCAFC 148

Appeal from: Fletcher v George & Ors [2011] FMCA 553

Parties: LAUREN KAY GEORGE v WILLIAM JOHN FLETCHER AS TRUSTEE FOR THE BANKRUPT ESTATE OF LAUREN KAY GEORGE, DR PETER IRONSIDE PTY LTD (ACN 008 126 387), PETER DOUGLAS IRONSIDE AND NATIONAL AUSTRALIA BANK

File number: QUD 192 of 2011

Judges: SIOPIS, JESSUP & KATZMANN JJ

Date of judgment: 25 October 2012

Catchwords: COURTS AND JUDGES – Procedural fairness – bias – apprehended bias – association – prejudgment – adverse credit finding in earlier judgment – waiver COURTS AND JUDGES – Procedural fairness – judicial intervention in the conduct of proceeding – whether judicial questioning of witnesses excessive – pejorative and inappropriate comments by federal magistrate – limits on one party's rights to issue subpoenas and cross-examine witnesses BANKRUPTCY AND INSOLVENCY – whether federal magistrate erred in finding that certain property was not held by the bankrupt on trust for her son – whether federal magistrate erred in treating certain chattels as having been returned to the bankrupt – failure to undertake necessary inquiry under Bankruptcy Regulations (Cth) TRUSTS AND TRUSTEES – matters relating to registration and evidence in writing of purported trust – whether notation on reprints of the Trusts Act evidenced purported trust PRACTICE AND PROCEDURE – Consent orders giving effect to a compromise between parties – whether it was open to federal magistrate to make an order inconsistent with consent orders