Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Talacko v Talacko (No 3) [2011] FCA 1343 Citation: Talacko v Talacko (No 3) [2011] FCA 1343
Parties: HELENA MARIA TALACKO, ALEXANDRA ANN BENNETT, MARTIN THORBURN JAN TALACKO, ROWENA KIRSTEN EVE TALACKO AND MARGARET HELEN BEATRICE TALACKO v JAN EMIL TALACKO
File number: VID 201 of 2010
Judge: NORTH J
Date of judgment: 7 November 2011
Legislation: Bankruptcy Act 1966 (Cth)
Date of hearing: 7 November 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 7
Counsel for the Applicant: Mr P Fary
Solicitor for the Applicant: Holding Redlich
Solicitor for the Respondent: Mr M Witt of Findlay Arthur Phillips
Counsel for the Official Trustee in Bankruptcy: Ms C Gobbo
Solicitor for the Official Trustee in Bankruptcy: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 201 of 2010
BETWEEN: HELENA MARIA TALACKO, ALEXANDRA ANN BENNETT, MARTIN THORBURN JAN TALACKO, ROWENA KIRSTEN EVE TALACKO AND MARGARET HELEN BEATRICE TALACKO
Applicants
AND: JAN EMIL TALACKO
Respondent
JUDGE: NORTH J DATE OF ORDER: 14 NOVEMBER 2011 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The orders made on 7 November 2011 which do not reflect the intention of the Court be vacated and replaced with the following orders. 2. The control of the property of the respondent by the Official Trustee in Bankruptcy end forthwith. 3. Michael Witt deliver all passports of the respondent to the respondent's trustee in bankruptcy, Brian Silvia, by forwarding them by pre-paid registered mail to the following address as soon as is reasonably practicable Mr. Brian Silvia BRI Ferrier GPO Box 7079 Sydney NSW 2001 4. Upon the delivery up of all passports of the respondent in accordance with para 3, Michael Witt be released from his undertaking given to the Court on 28 March 2011. 5. Order 1 made on 30 August 2010, continue until 7 May 2012. 6. The applicants pay the reasonable costs and expenses of the Official Trustee in Bankruptcy of and incidental to its control of the property of the respondent (including the notice of motion filed by the Official Trustee on 27 June 2011). 7. The Official Trustee in Bankruptcy prepare a further bill of costs in taxable form in respect of the costs and expenses claimed under para 6. 8. Within 14 days after receipt of the further bill of costs in accordance with para 7, the applicants file and serve on the Official Trustee in Bankruptcy any objections to both the bill of costs dated 11 August 2011 and the further bill of costs. 9. The costs and expenses of the Official Trustee in Bankruptcy be taxed by a Registrar, if not agreed between the applicants and the Official Trustee in Bankruptcy. 10. Upon the completion of the taxation, the Official Trustee in Bankruptcy be permitted to pay itself from the moneys held in trust pursuant to the orders made on 15 July 2011 and 28 July 2011, but limited to the amount of costs and expenses as taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules.
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