Re Edelsten, G.W. v. Donnelly, M.C. & Ors [1988] FCA 229

Re Edelsten, G.W. v. Donnelly, M.C. & Ors [1988] FCA 229

Answers given by Mrs Edelsten in public examination under s.81 of the Bankruptcy Act do not constitute dissemination to the public under s.121(1) of the Family Law Act; there is no risk of contravening s.121(1), so evidence need not be taken in camera.

Jurisdiction
Australia
Judgment Date
11 May 1988
Procedural Posture
Bankruptcy / Application for Directions on Scope of Witness Examination and Adjournment
Outcome
Examination of Mrs Leanne Edelsten adjourned for further hearing before the Registrar.
Legal Topics
['examination of Spouse of Bankrupt' 'interaction of Family Law Act S.121 With Bankruptcy Act S.81' 'publication of Court Proceedings']
['bankruptcy' 'family Law' 'evidence'] ['examination of Spouse of Bankrupt' 'interaction of Family Law Act S.121 With Bankruptcy Act S.81' 'publication of Court Proceedings']

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Procedural Posture

Bankruptcy / Application for Directions on Scope of Witness Examination and Adjournment

Legal Issues

  1. 1 ['Whether answers given by Mrs Leanne Edelsten in public examination under s.81 of the Bankruptcy Act might breach s.121(1) of the Family Law Act' 'Whether examination may or should be conducted in camera despite s.81(2) of Bankruptcy Act']

Ratio Decidendi

Answers given by Mrs Edelsten in public examination under s.81 of the Bankruptcy Act do not constitute dissemination to the public under s.121(1) of the Family Law Act; there is no risk of contravening s.121(1), so evidence need not be taken in camera.

Court Disposition

Examination of Mrs Leanne Edelsten adjourned for further hearing before the Registrar.

Orders

  • ['The examination of Leanne Edelsten under s.81 of the Bankruptcy Act 1966 be adjourned for further hearing before the Registrar on a date to be fixed.']