JUDGMENT No. L228 enel Loree IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES No. NB 2649 of 1994 Re: ERHARD ERNST DAMASCHKE Bankrupt Ex parte: THE OFFICIAL TRUSTEE IN BANKRUPTCY Applicant DERAL COURT FOF AUSTRALIA And: CHARLOTTE DAMASCHKE 28 JAN 2005 Respondent LIBRARY REASONS FOR JUDGMENT EINFELD J SYDNEY 19 NOVEMBER 1996 This is an application by the Official Trustee in Bankruptcy for orders pursuant to section 66G of the Conveyancing Act of (NSW). The Court is asked to exercise jurisdiction pursuant to the Commonwealth Cross-Vesting Act on the grounds that the bankruptcy of which the applicant is the trustee was made in this Court and that if the matter were heard, as would be expected, in the Supreme Court, the bankruptcy would have to be separately proved. I am not at all sure that this argument is valid but I am prepared to find in the circumstances that it is more convenient that the matter be heard in the Federal Court. -2- The respondent, who is the wife of the bankrupt, has not appeared today. Service was effected by posting the relevant documents to her and by enclosing the documents in a waterproof envelope in an obvious position and with appropriate adhesive and plastic covering and affixing the envelope to a post holding up the gate to the premises at which it is believed the wt * 2 respondent and the bankrupt live. This method , o£ service was ee. Pigg . wp bee x approved by Registrar Mathieson on 9 Octobeg¢ AQ26: when, the Registrar ordered that service be effected in these wayss: . & . *, preset ? we ae I have seen photographs of the fixation of the documsnts''fo the post at the entrance to the property and am satisfied that the orders of the Registrar for substituted service have been complied with. I therefore make orders in accordance with paragraphs 1-92 of the application and direct that a copy of these orders be presented to the Registrar for certification and thereafter be served upon the respondent in the same ways as previously ordered by the Registrar. I direct that the Official Trustee in Bankruptcy be empowered to apply for and be given a replacement Certificate of Title in respect of the property by the Land Titles Office. I hand back to the representative of the Trustee for safe keeping the photographs of the service to which I have referred.