Federal Court of Australia
Federal Court of Australia
Scott, in the matter of Scott and Pascoe [2021] FCA 639 File number(s): NSD 515 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 4 June 2021
Date of publication of reasons: 10 June 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – application for acceptance of voluntary resignation of a joint trustee of several estates – where one joint trustee in bankruptcy will continue as sole trustee – application for an order to dispense with the requirement to serve bankrupts and creditors of bankrupt estates – whether orders for dispensing with compliance should be made – application granted
Legislation: Bankruptcy Act 1966 (Cth), s 180 Federal Court Rules 2011 (Cth), r 1.34 Federal Court (Bankruptcy) Rules 2016 (Cth), rr 1.04(1), 8.02(4)(b), 8.02(4)(c)
Cases cited: Condon v Watson [2009] FCA 11; (2009) 174 FCR 314 Nixon, in the matter of Nixon [2015] FCA 976 Nixon (Trustee) [2018] FCA 720 de Vries, in the matter of the bankrupt Estate of Cunningham [2021] FCA 188 Allen, in the matter of Allen [2020] FCA 376 Shanahan, in the matter of Shanahan [2014] FCA 1080
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 17
Date of last submissions: 3 June 2021
Date of hearing: 4 June 2021
Counsel for Applicants: Ms F Reynolds
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