Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dobrinski v Shepard (Trustee); in the matter of Slade (No 2) [2020] FCA 197 File number: NSD 883 of 2018
Judge: FLICK J
Date of judgment: 27 February 2020
Catchwords: BANKRUPTCY – duties of a trustee in bankruptcy – alleged breach – failure to make inquiries of principal creditor – whether the creditor wished to pursue her rights BANKRUPTCY – power to make such orders as is necessary – unnecessary to decide whether power can be invoked to circumvent other powers – relief would have been refused in exercise of discretion
Legislation: Bankruptcy Act 1966 (Cth) ss 19, 30, 149, 178, 179 Evidence Act 1995 (Cth) s 138 Powers of Attorney Act 2003 (NSW) s 19 Federal Court Rules 2011 (Cth) r 9.63
Cases cited: Adsett v Berlouis (1992) 37 FCR 201 Dobrinski v Shepard (Trustee); In the matter of Slade [2019] FCA 843 Dobrinski v Slade [2010] NSWDC 297 Mannigel v Aitken (1983) 77 FLR 406 Skalkos v Nicols [2009] FCA 346, (2009) 175 FCR 547 Slade v Shepard [2013] FCCA 1237 Trustee of the Property of Shane L Fuz v NSW Trustee and Guardian [2019] FCA 1311 Tyler v Thomas [2006] FCAFC 6, (2006) 150 FCR 357 Vale v Sutherland [2009] HCA 26, (2009) 237 CLR 638 Young v Thomson [2017] FCAFC 140, (2017) 253 FCR 191
Date of hearing: 30, 31 October 2019; 1 November 2019
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate