Toben v Jones [2012] FCA 444

FEDERAL COURT OF AUSTRALIA

Toben v Jones [2012] FCA 444 Citation: Toben v Jones [2012] FCA 444

Parties: GERALD FREDRICK TOBEN v JEREMY SHAUN JONES

File number: NSD 327 of 2001

Judge: MANSFIELD J

Date of judgment: 3 May 2012

Date of hearing: 26 April 2012

Place: Adelaide

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 24

Counsel for the Applicant: The applicant appeared in person

Council for the Respondent: V Antzoulatos

Solicitor for the Respondent: Slater & Gordon

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION NSD 327 of 2001

BETWEEN: GERALD FREDRICK TOBEN

Applicant

AND: JEREMY SHAUN JONES

Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 3 MAY 2012 WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

On the interlocutory application of the applicant of 10 April 2012 as amended on 20 April 2012:

1. Orders 1 and 2 as sought are refused. 2. Order 3 is refused. 3. Order 2 hereof lie in the Registry and not be sealed for 28 days from this date, to the intent that the applicant have leave to file and serve within 21 days from this date such written submission as he may be advised in support of Order 3 which he seeks, or such proposed amendment to it as he may be advised with his supporting written submission, and the respondent within a further 14 days have leave to file and serve such written submission as he may be advised in response and the Court will then make such Order in relation to Order 3 as sought or as proposed to be amended as it considers appropriate, and until such Order the present Order 2 hereof not then be sealed. 4. The applicant pay to the respondent costs of the interlocutory application to this date. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.