Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lane (Trustee), in the matter of Lee (Bankrupt) v Commissioner of Taxation (No 2) [2017] FCA 1112 File number(s): QUD 198 of 2017
Judge(s): DERRINGTON J
Date of judgment: 14 September 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – Commencement of the Insolvency Practice Schedule (Bankruptcy) – Where application purportedly brought under the Insolvency Practice Schedule prior to the Schedule commencing BANKRUPTCY AND INSOLVENCY – Insolvency practitioners' remuneration – Method of apportionment of costs between personal and 'trust' estate COSTS – Consideration of whether an insolvency practitioner's costs of an application for directions should be paid from the trust funds COSTS – Whether the Commissioner of Taxation is entitled to recover costs when advancing the priority claims of employees under s 109(1)(e) of the Bankruptcy Act
Legislation: Bankruptcy Act 1966 (Cth), ss 109(1)(e), 134(4), Sch 2 s 90-15(1) and 90-20 Insolvency Law Reform Act 2016 (Cth), Sch 1 Pt 2 items 163, 164 Insolvency Law Reform (Transitional Provisions) Regulation 2016
Cases cited: Re Berkeley Applegate [1989] Ch 32 Re Universal Distributing (1933) 48 CLR 171
Date of hearing: 14 September 2017
Registry: Queensland
Division: General Division
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