Jacobova and Stein
Case
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[2017] FamCA 606
•21 June 2017
Details
AGLC
Case
Decision Date
Jacobova and Stein [2017] FamCA 606
[2017] FamCA 606
21 June 2017
CaseChat Overview and Summary
In the matter of *Jacobova and Stein*, Bennett J of the Family Court of Australia considered an application by the wife concerning the husband's bankruptcy and financial affairs. The dispute involved the husband's petition for bankruptcy and the administration of his bankrupt estate, with the wife seeking various orders to obtain information and prevent further actions by the trustee and the husband.
The court was required to determine whether to grant the wife leave to make an oral application against the bankruptcy trustee to halt the administration of the husband's estate and to compel the provision of all relevant documents. Additionally, the court considered applications for the husband and trustee to provide all documents concerning the bankruptcy to the wife's solicitors, for the wife to subpoena documents from the husband's wife, and for injunctions restraining the husband from departing Australia and from applying for a passport. The court also addressed the compliance time for previous orders regarding a motor vehicle.
Bennett J granted the wife leave to apply for an order against the bankruptcy trustee, Mr E, to stay the administration of the husband's bankrupt estate and to obtain documents. The court ordered the husband and Mr E to forthwith provide all documents concerning the bankruptcy to the wife's solicitors. Leave was also granted for the wife to subpoena documents from the husband's wife, Ms Z. Crucially, the husband was restrained from departing Australia until further order, with a request for the Australian Federal Police to place his name on the Airport Watch List. Furthermore, the husband was restrained from applying for a passport. The time for the husband's compliance with a previous order concerning an SUV motor vehicle was extended. Costs were reserved.
The court was required to determine whether to grant the wife leave to make an oral application against the bankruptcy trustee to halt the administration of the husband's estate and to compel the provision of all relevant documents. Additionally, the court considered applications for the husband and trustee to provide all documents concerning the bankruptcy to the wife's solicitors, for the wife to subpoena documents from the husband's wife, and for injunctions restraining the husband from departing Australia and from applying for a passport. The court also addressed the compliance time for previous orders regarding a motor vehicle.
Bennett J granted the wife leave to apply for an order against the bankruptcy trustee, Mr E, to stay the administration of the husband's bankrupt estate and to obtain documents. The court ordered the husband and Mr E to forthwith provide all documents concerning the bankruptcy to the wife's solicitors. Leave was also granted for the wife to subpoena documents from the husband's wife, Ms Z. Crucially, the husband was restrained from departing Australia until further order, with a request for the Australian Federal Police to place his name on the Airport Watch List. Furthermore, the husband was restrained from applying for a passport. The time for the husband's compliance with a previous order concerning an SUV motor vehicle was extended. Costs were reserved.
Details
Key Legal Topics
Areas of Law
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Family Law
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Insolvency
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Costs
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Procedural Fairness
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Discovery
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Stay of Proceedings
Actions
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Citations
Jacobova and Stein [2017] FamCA 606
Cases Citing This Decision
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