Lukic v Lukic [1995] FCA 1198

Lukic v Lukic [1995] FCA 1198

The Court declined to grant injunctions, finding them inappropriate; instead, exercised its powers under s 81(6)(c) to make directions limiting access to examination transcripts and empowering the Registrar to exclude the bankrupt or his father from the hearing room during the other's examination, as appropriate, to ensure justice.

Parties
Applicant: Nikola Lukic; Respondent: Kathleen Ee Luki; Applicant: Official Trustee in Bankruptcy; Other: Zoran Lukic
Jurisdiction
Australia
Judgment Date
29 August 1995
Procedural Posture
Application for Directions in Bankruptcy Proceeding / Interlocutory Hearing
Outcome
Directions and orders made as set out; injunctions refused
Legal Topics
Public Examination, Injunctions, Court Directions, Exclusion From Hearing Room
Bankruptcy Public Examination Injunctions Court Directions Exclusion From Hearing Room

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Parties

Nikola Lukic

Applicant

Kathleen Ee Luki

Respondent

Official Trustee in Bankruptcy

Applicant

Zoran Lukic

Other

Procedural Posture

Application for Directions in Bankruptcy Proceeding / Interlocutory Hearing

Legal Issues

  1. 1 Whether the Court should grant injunctions regarding the public examination under s 81 of the Bankruptcy Act
  2. 2 Whether the Court should direct limitations on access to transcripts of examination
  3. 3 Whether the Registrar may exclude a party from the examination hearing room for specific purposes

Ratio Decidendi

The Court declined to grant injunctions, finding them inappropriate; instead, exercised its powers under s 81(6)(c) to make directions limiting access to examination transcripts and empowering the Registrar to exclude the bankrupt or his father from the hearing room during the other's examination, as appropriate, to ensure justice.

Court Disposition

Directions and orders made as set out; injunctions refused

Orders

  • Immediate hearing of the application granted
  • Transcripts/notes of the father's examination to be made available only to counsel and solicitor for the bankrupt, not to be discussed with or shown to the bankrupt or the father until primary examination completed, as undertaken