Jorgensen v Jorgensen (No 2) [2020] FCA 1318

Federal Court of Australia

Jorgensen v Jorgensen (No 2) [2020] FCA 1318 File number: QUD 176 of 2019

Judgment of: LOGAN J

Date of judgment: 18 August 2020

Legislation: Civil Dispute Resolution Act 2011 (Cth) s 15

Cases cited: Jorgensen v Jorgensen [2019] FCA 1742

Division: General Division

Registry: Queensland

National Practice Area: Other Federal Jurisdiction

Number of paragraphs: 19

Date of hearing: 18 August 2020

Counsel for the Applicant: Mr R Ivessa

Counsel for the First, Third, Fourth and Fifth Respondents: The First Respondent appeared in person and on behalf of the Third, Fourth and Fifth Respondents

Counsel for the Second Respondent: The Second Respondent did not appear

ORDERS QUD 176 of 2019

BETWEEN: BRIAN LAURENCE JORGENSEN Applicant

AND: ALAN BRADLEY JORGENSEN First Respondent

TRUDY LEANNE JORGENSEN Second Respondent

FARMERS FRUIT BOX & PLASTICS PTY LTD ACN 004 359 979 (FORMERLY TEKSID PTY LTD) (and others named in the Schedule) Third Respondent

order made by: LOGAN J DATE OF ORDER: 18 AUGUST 2020

THE COURT ORDERS THAT:

1. The first respondent's (Mr Alan Jorgensen's) application of 11 August 2020 be dismissed. 2. The respondents, save for the second respondent, pay the costs of and incidental to the dismissal of the application filed 11 August 2020. 3. The application which is exhibit 1 not be accepted for filling in the Court by the Registrar. 4. The first respondent (Mr Alan Jorgensen) be permitted to appear at trial by audio visual means using the Microsoft Teams platform or by audio means using that platform or such other means as the Court may specify in the event that he files an application so to do on or before 30 September 2020. 5. The second respondent (Ms Trudy Leanne Jorgensen) be removed as a party to the proceeding. 6. Ms Tieu My Nguyen be added as the sixth respondent to the proceeding. 7. Until the sixth respondent files a notice of address for service, service on the sixth respondent may be affected by both: (a) posting a copy to Suite 1A, Level 2, 802 Pacific Hwy, Gordon, 2072 NSW; and (b) emailing a copy to amy@platinumpizzaboxes.com. 8. The applicant file and serve on the sixth respondent at the addresses specified in this order, a copy of this order together with the originating application and the evidence it proposes to rely upon at trial on or before 25 August 2020. 9. The sixth respondent file and serve on the applicant, on or before 25 September 2020: (a) such affidavits, if any, upon which she proposes to rely; and (b) an outline of submissions of not more than 20 pages. 10. On or before Friday, 2 October 2020 the applicant file and serve a supplementary outline of submissions in reply of not more than 10 pages. 11. The sixth respondent, herself or through any entity she controls, neither institute nor cause to be instituted proceedings nor take or cause to be taken steps in proceedings in this Court with respect to, connected with or arising out of the Rainbow Motor Inn Unit Trust or Grancroft Pty Ltd until the determination of the originating application or other order of the Court. 12. The applicant be granted leave to file and serve an amended originating application in accordance with the draft which is exhibit "TGM3" to the affidavit of Timothy Gerard McGrath, filed 13 August 2020. 13. Save as otherwise provided by this order, costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.