Ferella v Official Trustee in Bankruptcy [2014] FCA 284

Ferella v Official Trustee in Bankruptcy [2014] FCA 284

Because the documents were related to the applications for extension of time and leave to appeal, and because any ruling on privilege by Allsop CJ could itself give rise to an application for leave to appeal, the preferable and more expeditious course was to adjourn the privilege application and list it with the extension of time and leave to appeal application before another judge.

Jurisdiction
Australia
Judgment Date
25 March 2014
Procedural Posture
Application for Extension of Time and Leave to Appeal, and Privilege Application / Directions/listing Before a Judge of the Federal Court
Outcome
The application for extension of time and leave to appeal and the privilege application were listed for hearing by a judge of the Court on 15 April 2014; the privilege application was adjourned to that hearing.
Legal Topics
['extension of Time' 'leave to Appeal' 'legal Professional Privilege' 'waiver of Privilege' 'subpoenas' 'directions']
['practice and Procedure' 'bankruptcy'] ['extension of Time' 'leave to Appeal' 'legal Professional Privilege' 'waiver of Privilege' 'subpoenas' 'directions']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal, and Privilege Application / Directions/listing Before a Judge of the Federal Court

Legal Issues

  1. 1 ["Whether the applicants' application for extension of time and leave to appeal, arising from the refusal of an adjournment by Jacobson J on 2 December 2013, should be listed for hearing." 'Whether documents produced by Mr Svehla under subpoena remained privileged or whether privilege may have been waived by evidence given before Jacobson J.' 'Whether the privilege application should be determined immediately or adjourned to the judge hearing the extension of time and leave to appeal application.']

Ratio Decidendi

Because the documents were related to the applications for extension of time and leave to appeal, and because any ruling on privilege by Allsop CJ could itself give rise to an application for leave to appeal, the preferable and more expeditious course was to adjourn the privilege application and list it with the extension of time and leave to appeal application before another judge.

Court Disposition

The application for extension of time and leave to appeal and the privilege application were listed for hearing by a judge of the Court on 15 April 2014; the privilege application was adjourned to that hearing.

Orders

  • ["The application for extension of time and leave to appeal filed 27 December 2013, as well as the applicants' privilege application, be listed for hearing by a judge of the Court at 10.15am on 15 April 2014." 'There being no notice of appeal, the only matters to be heard on the abovementioned date are an...