Allen (Trustee), in the matter of Camarda (Bankrupt) v Camarda
[2024] FedCFamC2G 813
•30 August 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Allen (Trustee), in the matter of Camarda (Bankrupt) v Camarda [2024] FedCFamC2G 813
File number(s): PEG 270 of 2024 Judgment of: JUDGE STREET Date of judgment: 30 August 2024 Catchwords: BANKRUPTCY – Procedural - final hearing date fixed Legislation: Bankruptcy Act 1966 (Cth)
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)
Federal Circuit and Family Court Australia Act 2021 (Cth)
Division: Division 2 General Federal Law Number of paragraphs: 4 Date of hearing: 30 August 2024 Place: Sydney Solicitor for the Applicant: Ms T Parker Solicitor for the Respondent: The Respondent did not appear ORDERS
PEG 270 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
IN THE MATTER OF MARIA CAMARDA, BANKRUPT
BETWEEN: PAUL ANTHONY ALLEN (IN HIS CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF MARIA CAMARDA
Applicant
AND: FRANCESCA CAMARDA
Respondent
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
30 AUGUST 2024
THE COURT ORDERS THAT:
1.1. The matter is listed for a final hearing commencing at 9:30am (AWST) on 1 November 2024 at the Perth Registry located at Peter Durack Commonwealth Law Courts Building, 1 Victoria Ave, Perth.
2.Time is extended for the respondent to file and serve a Notice of Address for Service, an application for appointment of litigation guardian, if appropriate, including any affidavit evidence and a response to 26 September 2024.
3.The matter is listed directions commencing at 9:30am (AWST)/11:30am (AEST) on 27 September 2024 via video and/or audio-link pursuant to Part 6 Division 6 of the Federal Circuit and Family Court of Australia Act 2021 (Cth).
THE COURT NOTES THAT:
A.There has been a suggestion that the respondent might require a litigation guardian and that steps have been taken to obtain legal aid and/or pro-bono assistance.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
Ex TEMPORE REASONS FOR JUDGMENT
JUDGE STREET
These are bankruptcy proceedings commenced on 24 July 2024 by the applicant trustee (“applicant”) in respect of which there was no application to set aside the notice under s 139ZS of the Bankruptcy Act 1966 (Cth) and should because of the interests of the creditors be dealt with reasonably expeditiously. The Court has also taken into account s 190 of the Federal Circuit and Family Court Australia Act 2021 (Cth).
The Court has fixed a final hearing date and expects any representatives on behalf of the respondent to agree to a proposed timetable with the applicant that will facilitate that hearing date.
The Court also notes that if there is a failure to appear on 27 September 2024 by the respondent, being the third occasion that this matter has been stood over, the Court may proceed to determine the matter applying r 13.04 and r 13.05(2)(d) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) .
It is for these reasons the Court makes the above orders.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Street. Associate:
Dated: 9 September 2024
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