Re Eterovic, Jasna Ex Parte Pavlovic, Jozo

[1996] FCA 539

IN THE FEDERAL COURT OF AUSTRALIA )
  )
GENERAL DIVISION                 )  
  )        No VP 290 of 1996
BANKRUPTCY DISTRICT OF THE       )
  )
STATE OF VICTORIA                )

RE:               

JASNA ETEROVIC
  Judgment Debtor
EX PARTE:
         JOZO PAVLOVIC, IVOR ROSO and MILAN SIMIC
  Petitioning Creditors

JUDGE:    Heerey J

DATE:     26 June 1996

PLACE:    Melbourne

REASONS FOR JUDGMENT

The debtor cannot speak English.  She was not legally represented, although an interpreter was present.

The judgment debt which founded the bankruptcy notice was an order for costs made in proceeding No MC 932886 of 1993 in the County Court of Victoria on 1 August 1995.  The costs were subsequently taxed at $3,808.40.  In that proceeding the present petitioning creditors were plaintiffs and the debtor and her husband were defendants.

I was astonished to learn in the course of the hearing that Messrs Galbally & O'Bryan, who appear as solicitors for the petitioning creditors (apparently as agents for a Geelong firm) at one stage acted for the debtor and her husband in the very same County Court proceeding.
They may have ceased to so act at the time the costs order was taken out.  But on any view there has been such a serious departure from professional standards that the proceedings themselves are fundamentally flawed.

I shall exercise my discretion under s 52(2) of the Bankruptcy Act 1966 (Cth) to dismiss the petition.

I shall direct that this matter be referred to the President of the Law Institute of Victoria.

I certify that this and the preceding page are a true copy of the reasons for judgment of his Honour Justice Heerey.

Dated:26 June 1996

Associate

Appearances

Counsel for the applicant:       Mr A P O'Bryan of Galbally & O'Bryan

Solicitor for the applicant:     Price Higgins

Counsel for the respondent:      In Person

Solicitor for the respondent:     In Person

Date of hearing:                 26 June 1996