Federal Court of Australia
Federal Court of Australia
Ambrose v Badcock [2021] FCA 881 File number: SAD 134 of 2021
Judgment of: CHARLESWORTH J
Date of judgment: 8 July 2021
Date of publication of reasons: 30 July 2021
Catchwords: PRACTICE AND PROCEDURE – application for an order that interim relief be granted on an ex parte basis – application requiring consideration to be given to likely cooperativeness of the absent respondent – presiding judge having prior dealings with the absent respondent in prior litigation – combination of facts and circumstances giving rise to an apprehension of bias
Legislation: Bankruptcy Act 1966 (Cth)
Cases cited: Badcock v Channel Seven Adelaide Pty Ltd & Ors [2005] SADC 32 Badcock v Channel Seven Adelaide P/L & Ors [2006] SADC 7 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 17
Date of hearing: 8 July 2021
Counsel for the Applicant: Mr G Gretsas
Solicitor for the Applicant: Gretsas & Associates
Counsel for the Respondent: The Respondent did not appear
ORDERS SAD 134 of 2021
BETWEEN: COLIN LOUIS AMBROSE Applicant
AND: ROBERT JOHN BADCOCK Respondent
order made by: CHARLESWORTH J DATE OF ORDER: 8 JULY 2021
THE COURT ORDERS THAT:
1. The originating application be allocated to another judge of the Court. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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