Re The Offical Trustee v. Ex parte Foster, P.C. [1987] FCA 124

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FEDERAL COURT OF AUSTRALIA

File: 3-2 Principal REGISTRY MINUTE LO

All District Registrars

Re: Foster Ex Parte: The Official Trustee Qld. £759 of 84

The attached is a judgment of Pincus J wherein he refused to make an order that publication of the proceedings in a public examination be prevented or restricted.

In the course of the judgment Pincus J noted that while subsection 69 (4) requires the examination to be held in public it appeared to him that the Court had power to restrict or prevent publication of the proceedings. He held, however, that this was not a case in which that power should be exercised; while there were disadvantages to the examinees in having the matter publicised there were public advantages in ensuring that members of the public had knowledge of the proceedings in public Courts.

C.E. Walson, Deputy Registrar.

26 March 1987

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IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISTON

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QLD E759 of 1984

BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND

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"eP \ RE: PETER CLARENCE FOSTER Ny also known as PETER MICHAEL FOSTER ent

EX PARTE: THE OFFICIAL TRUSTER

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 12 MARCH 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

(1) There be no order on the reference by the Registrar;

(2) The application for an order that publication be prevented or restricted be dismissed;

(3) The costs of the application mentioned in (2) be reserved;

(4) The application for leave to appeal from the order made in (2) be dismissed;

(5) The application for a direction that the public examination of the applicant be adjourned be refused.

NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

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QLD E759 of 1984

BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND