Rixon v Bryett, in the matter of Rixon [2001] FCA 433

FEDERAL COURT OF AUSTRALIA

Rixon v Bryett, in the matter of Rixon [2001] FCA 433 Bankruptcy – application to extend time for compliance with a bankruptcy notice – where judgment debtor has applied to have the bankruptcy notice set aside – where part of the debt arises from professional legal costs incurred as a result of proceedings under the Family Law Act 1975 (Cth) – where Family Law Rules relating to professional legal costs not followed – where Family Law Rules prevent proceedings to recover costs unless the Rules have first been complied with.

Bankruptcy Act 1966 (Cth) ss 41(6A), (6C), (7) Family Law Rules Order 38 rr 38, 39 & 42 Conway v Jackson [2001] FCA 230 cited Guss v Johnstone [2000] HCA 26, (2000) 171 ALR 598 cited Makhoul v Barnes (1995) 60 FCR 572 cited Neil v Nott (1994) 121 ALR 148 cited Re Carter; ex parte National Mutual Trustees Ltd (1995) 57 FCR 185 cited Re Lentini; ex parte Lentini v CSR Ltd (1991) 29 FCR 363 cited Thomas v St George Bank Ltd [1999] FCA 166 cited Wilkinson v Osborne (1915) 21 CLR 89 cited

GEOFFREY ALFRED RIXON v CHRISTOPHER GARY BRYETT N 7008 of 2001 MOORE J 19 APRIL 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7008 OF 2001

IN THE MATTER OF GEOFFREY ALFRED RIXON

BETWEEN: GEOFFREY ALFRED RIXON

APPLICANT

AND: CHRISTOPHER GARY BRYETT

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 19 APRIL 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Time for complying with the bankruptcy notice served on Geoffrey Alfred Rixon on 18 December 2000 be extended until the application to set aside the notice has been heard and determined. 2. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA