Hundy as Trustee for the Bankrupt Estate of Ryan v Southorn, in the matter of Ryan [2020] FCA 1050

FEDERAL COURT OF AUSTRALIA

Hundy as Trustee for the Bankrupt Estate of Ryan v Southorn, in the matter of Ryan [2020] FCA 1050 File number: ACD 68 of 2019

Judge: GRIFFITHS J

Date of judgment: 27 July 2020

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for the respondent's solicitor to be released from an undertaking in order to pay the respondent's reasonable legal costs for defending the substantive proceeding and making a potential application in the Family Court of Australia – whether the Court has the jurisdiction to make the order sought – whether it is appropriate for the Court to make such an order under s 30 of the Bankruptcy Act 1966 (Cth) – specified amount of funds held pursuant to the undertaking released for the sole purpose of financing the respondent's estimated legal costs of defending the substantive proceeding in this Court

Legislation: Bankruptcy Act 1966 (Cth) ss 30, 81, 120, 121 Jurisdiction of Courts (Cross-Vesting) Act (1993) (ACT) s 4(1) Legal Profession Act 2006 (ACT) s 580

Cases cited: Halsted (Bankrupt) v The Official Trustee in Bankruptcy, in the matter of Halsted (Bankrupt) [2011] FCA 1242 Hycenko v Hrycenko [2016] VSC 247; 50 VR 726 Jackson v Sterling Industries Ltd [1987] HCA 23; 162 CLR 612 Re Bilen; Ex parte Sistrom [1985] FCA 141 Skalkos v Nichols [2009] FCA 346; 175 FCR 547 Talacko v Talacko [2010] FCAFC 54; 183 FCR 311 Tyler v Thomas [2006] FCAFC 6; 150 FCR 357 Vale v Sutherland [2009] HCA 26; 237 CLR 638