Dimitriou v Curtis [2012] FCA 1347

FEDERAL COURT OF AUSTRALIA

Dimitriou v Curtis [2012] FCA 1347 Citation: Dimitriou v Curtis [2012] FCA 1347

Appeal from: Paul Anthony Curtis v Georgina Dimitriou [2012] FCA 604

Parties: GEORGINA DIMITRIOU v PAUL ANTHONY CURTIS

File number: NSD 1643 of 2012

Judge: RARES J

Date of judgment: 16 November 2012

Legislation: Federal Court Rules 2011 (Cth) r 4.12 Legal Profession Act 2004 (NSW) s 368(5)

Cases cited: Re Sarina; Ex parte Wollondilly Shire Council (1980) 32 ALR 596 applied Rigg v Baker (2006) 155 FCR 531 referred to

Date of hearing: 16 November 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 9

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr D English

Solicitor for the Respondent: Colin Biggers & Paisley

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1643 of 2012

BETWEEN: GEORGINA DIMITRIOU

Applicant

AND: PAUL ANTHONY CURTIS

Respondent

JUDGE: RARES J DATE OF ORDER: 16 NOVEMBER 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant be referred to a lawyer for legal assistance in accordance with r 4.12 of the Federal Court Rules 2011 (Cth) for the purposes of advising the applicant on whether she has an arguable appeal on the issue of whether, at the time of the making of the sequestration order, on the evidence before the primary judge, she was solvent, for the purpose of preparing and allowing the applicant to file and serve an affidavit as to the material before the primary judge on that issue, and attaching the proposed notice of appeal. 2. Any affidavit of the applicant in relation to the subject matter of the referral be filed and served on or before 14 December 2012 3. The proceedings stand over to 21 December 2012. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.