Re Parker, L.J. v. Ex parte Nicholls, B.A. & Anor [1994] FCA 576

JUDGMENT No. «2-2 Qrnd wd.

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT ) No. NB1486 of 1992 OF THE STATE OF NEW SOUTH WALES )

Re: LESLIE JAMES PARKER

Bankrupt

Ex Parte: BEVERLEY ANN NICHOLLS

Applicant

OFFICIAL TRUSTEE IN BANKRUPTCY

Respondent

CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 5 OCTOBER 1994

REASONS FOR JUDGMENT

This 12s a rather unusual application, giving rise to considerable difficulties. Some of the difficulties are associated with the fact that the applicant was unrepresented. Others arise from the somewhat complicated facts, involving orders made by the Family Court of Australia, and the

incomplete nature of the evidence.

The applicant filed an application in the bankruptcy of Leslie James Parker. That application was made on 30 September 1994. In it the applicant sought an order:

"preventing the transfer of the property comprised

in certificate of tatle Folio Identifier 49/751255, (Lot 49 Budgong Rd, Budgong) from [sic] orders made

on 15/3/93 and 23/9/94 {in the] Family Law Court

[sic] in favour of Lorraine Ann Parker." The matter seems to have come before the Court first on Friday 30 September 1994, when it was stood over until the Bankruptcy List on 4 October 1994. The applicant was directed to serve the application and her supporting affidavit on the Insolvency and Trustee Service. This was done. Mr Freidman appeared at the adjourned hearing on behalf of the Service and (as will be

seen) the Official Trustee.

As one might expect with an unrepresented applicant, the precise nature of the relief sought was not entirely clear. Nonetheless, it was plain enough that the applicant's principal grievance was that orders of the Family Court had deprived her (or might deprive her) of her interest in the Budgong property, referred to in the application. She claimed not to have had any or any substantial opportunity to be heard in the Family Court before it made orders adversely affecting her interest in the land. I took the applicant, at the hearing on 4 October 1994, to be seeking interim relief to