Rowe (by her litigation representative, Public Trustee of Western Australia) v Barton as Trustee for Barton Family Trust trading as Sealwerx WA (No 2) [2021] FCA 1010

Federal Court of Australia

Rowe (by her litigation representative, Public Trustee of Western Australia) v Barton as Trustee for Barton Family Trust trading as Sealwerx WA (No 2) [2021] FCA 1010 File number: WAD 196 of 2020

Judgment of: JACKSON J

Date of judgment: 24 August 2021

Catchwords: PRACTICE AND PROCEDURE - application under r 9.63 of the Federal Court Rules 2011 (Cth) for appointment of litigation representative

Legislation: Evidence Act 1995 (Cth) ss 155, 156 Guardianship and Administration Act 1990 (WA) ss 64, 65 Federal Court Rules 2011 (Cth) rr 1.34, 9.61, 9.62, 9.63, 9.64, 10.09

Cases cited: CDN16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 699 Tu v Chang [2016] FCA 1567

Division: General Division

Registry: Western Australia

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 10

Date of hearing: 24 August 2021

Counsel for the Applicant: Mr D E Clarke

Solicitor for the Applicant: Maurice Blackburn Lawyers

Counsel for the Respondent: The respondent did not appear

ORDERS WAD 196 of 2020

BETWEEN: MICHELLE LEE ROWE (BY HER LITIGATION REPRESENTATIVE, THE PUBLIC TRUSTEE OF WESTERN AUSTRALIA) Applicant

AND: GARRY WILSON BARTON AS THE TRUSTEE FOR BARTON FAMILY TRUST TRADING AS SEALWERX WA (ABN 60 903 837 536) Respondent

order made by: JACKSON J DATE OF ORDER: 24 AUGUST 2021

THE COURT ORDERS THAT:

1. Pursuant to r 9.63 of the Federal Court Rules 2011 (Cth), the Public Trustee of Western Australia is appointed as the litigation representative for the applicant, with effect from the date of the filing of the originating application on 21 August 2020. 2. Henceforth, the applicant is to be referred to as 'Michelle Lee Rowe (by her litigation representative, the Public Trustee of Western Australia)'. 3. To the extent necessary, the requirements of r 9.63 of the Federal Court Rules are dispensed with. 4. By no later than 4.30 pm on 21 September 2021, the respondent must file and serve a defence to the amended statement of claim. 5. The proceeding is listed for a case management hearing on 6 October 2021 at 9.30 am. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.