Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cawood v Cawood, in the matter of Cawood [2000] FCA 1786 BANKRUPTCY – bankruptcy notice – judgment creditor obtains declarations stating amount due under previous consent orders made by the Family Court – whether judgment creditor in a position to issue execution at time notice issued.
Family Law Act 1975 (Cth), ss 79, 80(1), 83. Bankruptcy Act 1966 (Cth), ss 40, 41 Bankruptcy Act 1883 (Eng). Bankruptcy Act 1890 (Eng). Family Law Rules (Cth), O 33 r 3. Hall v Nominal Defendant (1966) 117 CLR 423, cited. Abigroup Ltd v Abignano (1992) 39 FCR 74, followed. Pyramid Building Society (In Liq) v Terry (1997) 189 CLR 176, cited. Pepper v McNiece (1941) 64 CLR 642, cited. Re Woodall; Ex parte Woodall (1884) 13 QBD 479, followed. Re Ide; Ex parte Ide (1886) 17 QBD 755, followed. In re Clements; Ex parte Clements [1901] 1 QB 260, cited. Re Richards; Ex parte Sommers (1947) 14 ABC 112, cited. Re Seers (1955) 17 ABC 11, cited. JOHN CHARLES CAWOOD v MARGARET ANNE CAWOOD N 7533 OF 2000 SACKVILLE J SYDNEY 8 DECEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7533 OF 2000
BETWEEN: JOHN CHARLES CAWOOD
APPLICANT
AND: MARGARET ANNE CAWOOD
RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 8 DECEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The bankruptcy notice issued on 23 May 2000 against the applicant be set aside. 2. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7533 OF 2000
BETWEEN: JOHN CHARLES CAWOOD
APPLICANT
AND: MARGARET ANNE CAWOOD
RESPONDENT
JUDGE: SACKVILLE J
DATE: 8 DECEMBER 2000
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