Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Military Rehabilitation and Compensation Commission v McGuire [2008] FCA 142
COSTS – enforcement of judgments and orders in respect of costs – application of State Act under the Federal Court of Australia Act 1976 (Cth) and Rules – instalment order – default – means inquiry hearing Federal Court of Australia Act 1976 (Cth) ss 53 Civil Judgments Enforcement Act 2004 (WA) ss 27(1), 29(1), 98 Federal Court Rules O 37 r 7 McGuire v Comcare [2002] AATA 268 McGuire v Comcare [2004] FCA 848 McGuire v Military Rehabilitation and Compensation Commission [2005] FCAFC 52 MILITARY REHABILITATION AND COMPENSATION COMMISSION v ALEXANDER KYLE MCGUIRE WAD 141 OF 2002 MILITARY REHABILITAITON AND COMPENSATION COMMISSION v ALEXANDER KYLE MCGUIRE WAD 172 of 2004
MCKERRACHER J
6 March 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 141 OF 2002
BETWEEN: MILITARY REHABILITATION AND COMPENSATION COMMISSION
Applicant/Judgment Creditor
AND: ALEXANDER KYLE MCGUIRE
Respondent/Judgment Debtor
JUDGE: MCKERRACHER J DATE OF ORDER: 6 MARCH 2008
WHERE MADE: PERTH
THE COURT ORDERS THAT:
Unless on or before 17 April 2008, application is made by either party to vary these orders, the following orders will take effect on that date: 1. If the judgment debtor, Alexander Kyle McGuire, has then failed to comply with the Order of this Court made by the Deputy District Registrar and dated 28 September 2007 as amended, by commencing the instalments referred to therein by 17 April 2008, these proceedings are to be re-listed for a directions hearing soon after that date, to consider the question of whether the judgment debtor is in contempt of Court. 2. Unless the judgment creditor applies within 14 days to have its costs taxed, the judgment debtor, Alexander Kyle McGuire, is to pay the costs of the judgment creditor, Military Rehabilitation and Compensation Commission, fixed in the sum of $400. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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