de Vries, in the matter of the bankrupt estate of Cunningham [2021] FCA 188

Federal Court of Australia

de Vries, in the matter of the bankrupt estate of Cunningham [2021] FCA 188 File number: NSD 1391 of 2020

Judgment of: NICHOLAS J

Date of judgment: 16 March 2021

Catchwords: BANKRUPTCY AND INSOLVENCY – application under s 180 of the Bankruptcy Act 1966 (Cth) to replace trustees of bankrupt estates – where trustees are retiring from practice and wish to transfer files to registered trustees in the same firm – application for order to dispense with service requirement under r 8.02(4)(b) of the Federal Court (Bankruptcy) Rules 2016 (Cth) – whether order dispensing with compliance should be made – whether orders under s 180 should be made

Legislation: Bankruptcy Act 1966 (Cth) s 180 Federal Court (Bankruptcy) Rules 2005 (Cth) rr 1.03(2)(a), 8.02(2) Federal Court (Bankruptcy) Rules 2016 (Cth) rr 1.04, 1.34, 8.02 Federal Court Rules 2011 (Cth) r 1.34

Cases cited: Allen, in the matter of Allen [2020] FCA 376 Coshott v Burke [2013] FCA 155 Donnelly v Maxwell-Smith [2010] FCAFC 154 Gollant, in the matter of ACN 065 229 831 Pty Ltd [2017] FCA 1158 Nixon, in the matter of Nixon [2015] FCA 976

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 25

Date of hearing: 5 March 2021

Counsel for the Applicants: Mr G McDonald

ORDERS NSD 1391 of 2020 IN THE MATTER OF THE BANKRUPT ESTATE OF DAVID A CUNNINGHAM (AND EACH OF THE BANKRUPT ESTATES REFERRED TO IN THE SCHEDULE TO THESE ORDERS) BETWEEN: ANTONY DE VRIES First Applicant