McCardle, in the matter of Roxanne Marie McCardle [2019] FCA 550
There are no circumstances of urgency and most orders sought do not fall within r 7.01; ex parte relief not appropriate; Bankruptcy Act and Federal Court Rules provide adequate avenues, and suppression order criteria not satisfied; application is therefore dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 05 April 2019
- Procedural Posture
- Urgent Application Before Commencement of Proceedings / Application Pursuant to R 7.01 Federal Court Rules 2011 (cth), Ex Parte Request, Determination
- Outcome
- application dismissed
- Legal Topics
- ['urgency in Applications' 'injunctive Relief' 'ex Parte Orders' 'suppression Orders' 'review of Trustee Decisions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Urgent Application Before Commencement of Proceedings / Application Pursuant to R 7.01 Federal Court Rules 2011 (cth), Ex Parte Request, Determination
Legal Issues
- 1 ["Whether applicant's urgent ex parte application under r 7.01 of Federal Court Rules 2011 (Cth) should be granted" 'Whether circumstances of urgency exist' 'Whether orders sought fit within scope of r 7.01' 'Appropriateness of ex parte orders' 'Appropriateness of suppression order']
Ratio Decidendi
There are no circumstances of urgency and most orders sought do not fall within r 7.01; ex parte relief not appropriate; Bankruptcy Act and Federal Court Rules provide adequate avenues, and suppression order criteria not satisfied; application is therefore dismissed.
Court Disposition
application dismissed
Orders
- ['The application is dismissed.']
Full Case Text
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