FEDERAL COURT OF AUSTRALIA Maher v Official Trustee in Bankruptcy (No 2) [2016] FCA 387 File number: VID 733 of 2011 Judge: JESSUP J Date of judgment: 15 April 2016 Catchwords: PRACTICE AND PROCEDURE – Proceeding stayed upon order pending provision of security – security not provided – proceeding dismissed on Judge's initiative pursuant to rr 1.40(a) and 19.01(1)(c) of the Federal Court Rules 2011 Legislation: Federal Court Rules 2011 rr 1.40, 19.01 Registry: Victoria Division: General Division National Practice Area: Commercial and Corporations Sub-area: General and Personal Insolvency Category: Catchwords Number of paragraphs: 3 ORDERS VID 733 of 2011 BETWEEN: DENNIS MAHER Applicant AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY First Respondent COMMONWEALTH BANK OF AUSTRALIA Second Respondent JUDGE: JESSUP J DATE OF ORDER: 15 APRIL 2016 THE COURT ORDERS THAT: 1. Pursuant to Rule 19.01(1)(c) of the Federal Court Rules 2011 the proceeding be dismissed. 2. The parties file and serve brief written submissions on costs as follows: (a) the respondents, within 14 days; (b) the applicant, within a further 14 days; (c) the respondents in reply, if necessary, within a further 7 days. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. REASONS FOR JUDGMENT JESSUP J: 1 On 8 November 2013, I ordered that the applicant provide security for the costs of the second respondent and that, pending the provision of security, the proceeding be stayed. Security was not provided, and nothing further has happened in the proceeding. 2 Acting of my own initiative under r 1.40(a) of the Federal Court Rules 2011, and having given the parties the opportunity to file written submissions on the matter, I propose to exercise the power for which r 19.01(1)(c) of those rules provides and order that the proceeding be dismissed. 3 I have laid out a timetable for the parties to make written submissions as to costs. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jessup. Associate: Dated: 15 April 2016