Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rushton v Kaney (Executor), in the matter of Rushton (Deceased) [2017] FCA 637 File number: ACD 9 of 2017
Judge: TRACEY J
Date of judgment: 24 May 2017
Date of publication of reasons: 6 June 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – creditor's petition under s 244 of the Bankruptcy Act 1966 (Cth) for the administration of a deceased person's estate – whether preconditions for the petition to be presented to the Court are met – where grant of probate by State court – whether leave required under s 244(13) for petition to be presented PRACTICE AND PROCEDURE – application pursuant to r 26.01(1) of the Federal Court Rules 2011 (Cth) for an order for summary judgment pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) – whether "no reasonable prospect" of success
Legislation: Bankruptcy Act 1966 (Cth) ss 244, 244(1), 244(5), 244(6)(a), 244(11), 244(12), 244(13) Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 26.01, 26.01(1)(a), 26.01(1)(c)
Cases cited: Gonzales v Marmentini, Executrix of the Estate of the Late Raber [1998] FCA 911 Meinhardt (Hong Kong) Limited v Meinhardt (Deceased) [2006] FCA 1106 Spencer v Commonwealth (2010) 241 CLR 118; [2010] HCA 28
Date of hearing: 24 May 2017
Registry: Australian Capital Territory
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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