Event and Time
Event Description
- Case Title: Axess Debt Management Pty Ltd v. Daniel John Markovic
- Date of Petition: 11 February 2022
- Bankruptcy Notice Issued: 25 October 2021
- Final Judgment Date: 15 September 2021
- Location: Federal Circuit and Family Court of Australia
Application and Claims
- The applicant, Axess Debt Management Pty Ltd, filed a creditor's petition against the respondent, Daniel John Markovic, based on an unsatisfied bankruptcy notice totaling $53,183.57.
- The petitioner sought the appointment of a trustee (Colin Louis Ambrose) to control the respondent's property because of concerns that Markovic was divesting himself of assets.
- An application for substituted service was also made due to difficulties in serving the documents on the respondent.
Judicial Decisions
1. The court appointed Colin Louis Ambrose as the trustee to take control of Markovic's property. 2. The trustee was indemnified for costs against Markovic's property or any proceeds from its sale. 3. An order for substituted service was granted, allowing the documents to be served via prepaid express post and email instead of personal service. 4. The court deemed that service would be sufficient two business days after the last method of service was completed. 5. Markovic was ordered to pay the costs of the petition.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Asserted that the respondent had sold property to avoid bankruptcy. - Claimed urgency in appointing a trustee to manage the estate should the petition be granted.
- Respondent's Defense:
- Denied acceptance of service. - Suggested that their legal representation (Lawyer Jade Hopper) was aware of proceedings but was unwilling to cooperate.