Martinek v Evans [2004] FCA 1269

FEDERAL COURT OF AUSTRALIA

Martinek v Evans [2004] FCA 1269

PRACTICE AND PROCEDURE – judgment – enforcement – failure to comply with costs orders – whether Court should grant summons seeking oral examination of and production of documents by judgment debtor – reliance on enforcement procedures of Supreme Court of the State or Territory in which judgment to be enforced – whether clear that judgment to be enforced in Victoria – whether other methods of execution should be attempted first – whether bankruptcy notice more appropriate than summons with non-attendance punishable as contempt of court

Federal Court Rules O 37 r 1, O 37 r 7 Supreme Court (General Civil Procedure) Rules 1996 (Vic) O 67 Martinek v Evans [2002] FCA 1584 referred to Martinek v Evans [2003] FCA 1403 referred to MARY-ANN MARTINEK v MARK EVANS AND CHIEF OF ARMY V 7 of 2002 V 373 of 2002 GRAY J 13 SEPTEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7 of 2002

V 373 of 2002

BETWEEN: MARY-ANN MARTINEK

APPLICANT

AND: MARK EVANS

FIRST RESPONDENT

CHIEF OF ARMY

SECOND RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 13 SEPTEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The respondents have leave to file in Court the affidavits of Lynn Charles St John sworn on 10 September 2004, Naomi Rose Miller sworn on 10 September 2004, Angela Barnett sworn on 10 September 2004 and Lieselotta Rosa Siebel sworn on 3 September 2004 and the exhibits to those affidavits. 2. The motions the subject of the notice of motion filed on 26 August 2004 be dismissed. 3. There be no order as to the costs of the motions.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.