Talacko v Talacko (No 2)

[2011] FCA 560

FEDERAL COURT OF AUSTRALIA

Talacko v Talacko (No 2) [2011] FCA 560

Citation:		Talacko v Talacko (No 2) [2011] FCA 560
Parties:		HELENA MARIA TALACKO, ALEXANDRA ANN BENNETT, MARTIN THOBURN JAN TALACKO, ROWENA KIRSTEN EVE TALACKO AND MARGARET HELEN BEATRICE TALACKO v JAN EMIL TALACKO
File number:		VID 201 of 2010
Judge:		NORTH J
Date of judgment:		13 May 2011
Date of hearing:	13 May 2011
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	17
Counsel for the Applicant:	Mr G Bigmore QC
Solicitor for the Applicant:	Holding Redlich
Counsel for the Respondent:	Mr D Williams SC
Solicitor for the Respondent:	Findlay Arthur Phillips
Counsel for the Official Trustee:	Ms R Curnow
Solicitor for the Official Trustee:	Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 201 of 2010

BETWEEN:	HELENA MARIA TALACKO, ALEXANDRA ANN BENNETT, MARTIN THOBURN JAN TALACKO, ROWENA KIRSTEN EVE TALACKO AND MARGARET HELEN BEATRICE TALACKO Applicants
AND:	JAN EMIL TALACKO Respondent

JUDGE:	NORTH J
DATE OF ORDER:	13 MAY 2011
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The interim application for the easing of travel restrictions filed by the respondent on 4 May 2011 be dismissed with costs. 

2.(a)       The interim application for replacement of the Official Trustee by a private            trustee filed by the applicants on 9 May 2011 be adjourned to 15 July 2011.

(b)       The costs of the interim application referred to in (a) are reserved.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 201 of 2010

BETWEEN:	HELENA MARIA TALACKO, ALEXANDRA ANN BENNETT, MARTIN THOBURN JAN TALACKO, ROWENA KIRSTEN EVE TALACKO AND MARGARET HELEN BEATRICE TALACKO Applicants
AND:	JAN EMIL TALACKO Respondent

JUDGE:	NORTH J
DATE:	13 MAY 2011
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. Mr Jan Emil Talacko, the respondent in this proceeding, has applied to the Court for orders which would have the effect of permitting him to travel to Slovakia to attend the hearing on 19 May 2011 of a summons in a case being brought against him in Slovakia.  This is the second such application brought in the current proceeding.  The background is set out in reasons for judgment delivered on 11 March 2011.  That application was unsuccessful.

2. It is now argued on behalf of Mr Talacko that circumstances have sufficiently changed to warrant a relaxation of the travel restriction to allow him to attend the hearing in Slovakia on 19 May 2011.  Two relevant changes are particularly relied on.  The first is that since 11 March 2011 a creditor’s petition has been served on Mr Talacko.  The significance of this change is that it cannot now be said, as the applicants contended on the last occasion, that Mr Talacko’s presence within the jurisdiction is required in order to be served with the creditor’s…