Kirk v Ashdown [1999] FCA 587

FEDERAL COURT OF AUSTRALIA Kirk v Ashdown [1999] FCA 587 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 Refd

DEBORAH ANN KIRK v RONALD CLIVE ASHDOWN and HELEN IVY ASHDOWN QG 7430 of 1998 JUDE CHRISTOPHER KIRK v RONALD CLIVE ASHDOWN and HELEN IVY ASHDOWN

QG 7507 of 1998 KIEFEL J BRISBANE 29 April 1999

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 7430 OF 1998

BETWEEN: DEBORAH ANN KIRK

Applicant

AND: RONALD CLIVE ASHDOWN and HELEN IVY ASHDOWN

Respondent

JUDGE: KIEFEL J

DATE OF ORDER: 29 APRIL 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. All of the affidavit material filed by the applicant be sealed in an envelope and not opened save by order of a Judge. 2. The applicant pay the respondents' costs of and incidental to the application on the basis that such costs are to include all costs save insofar as they are of an unreasonable amount or were unreasonably incurred, so that subject to such exceptions the respondents will be completely indemnified by the applicant for their costs. 3. In the event that a sequestration order is made against the applicant based upon the bankruptcy notice the subject of this application, any part of the costs of the application that then remain unpaid is to be treated as if that part of the costs were the petitioning creditor's costs. THE COURT FURTHER DIRECTS THAT: 4. The petition filed in QG 7506 of 1998 be referred to the District Registrar for hearing. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 7507 OF 1998

BETWEEN: JUDE CHRISTOPHER KIRK

Applicant