Gundersen and Gundersen and Anor

In *Gundersen and Gundersen and Anor*, Johnston J of the Family Court of Australia considered applications concerning contravention of previous orders and the potential intervention of a Trustee in Bankruptcy. The proceedings involved a husband and wife, with the husband having been declared bankrupt. The wife had filed contravention applications against the husband, and the court was also dealing with the implications of the husband's bankruptcy on the ongoing litigation.

The primary legal issues before the court were whether to set aside previous orders made in the proceedings, how to manage the husband's bankruptcy in relation to his continued participation in the litigation, and the procedure for the Trustee in Bankruptcy to intervene as a party. The court also had to determine directions regarding the disclosure of property and the future conduct of the proceedings, including the wife's ability to file new applications.

Johnston J reasoned that it was necessary to vacate the return date for the wife's contravention applications and to set aside most of the orders made on 29 September 2010, other than a specific order. The court directed that the husband apply to the Trustee in Bankruptcy for leave to intervene within seven days if he wished to continue as a party. Further directions were given for the solicitor for the intervener (presumably the husband's solicitor) to notify the Trustee in Bankruptcy of the upcoming court date on 1 October 2010, and to inform the wife of this notification. The court also ordered the wife to provide information regarding the location and insurance of specific property, with this information to be kept confidential pending further order. The court acknowledged that property existed which might arguably have formed part of the bankrupt husband's estate.

The court made orders vacating the return date of the wife's contravention applications and setting aside most of the orders of 29 September 2010. Directions were made for the husband to seek leave to intervene from the Trustee in Bankruptcy, and for the Trustee to be notified of the proceedings on 1 October 2010. The court also provided directions for the wife to disclose information about certain property and reserved costs.