Federal Court of Australia
Federal Court of Australia
Horne, in the matter of Horne [2022] FCA 753 File number(s): VID 333 of 2022
Judgment of: MCEVOY J
Date of judgment: 27 June 2022
Date of publication of reasons: 30 June 2022
Catchwords: BANKRUPTCY AND INSOLVENCY – Uncontested application for replacement of liquidator, administrator and trustee of bankrupt estates – Where the current liquidator, administrator and trustee is resigning by reason of his retirement – Resigning liquidator, administrator and trustee and the replacement appointees are partners of the same firm – Where the replacement appointees have past knowledge and experience in the relevant liquidations, administration and bankrupt estates – Where ASIC and the Official Receiver have been notified – Leave granted to dispense with the obligation imposed by r 8.02(4) of the Federal Court (Bankruptcy) Rules 2016, requiring an application for the resignation of a trustee be served on the bankrupts – Application granted – No order made as to costs.
Legislation: Bankruptcy Act 1966 (Cth) ss 30(1)(b), 180; Sch 2 s 90-15(3)(c) Corporations Act 2001 (Cth) ss 473A(1), 499(3)(a); Sch 2 s 90-15(3)(c) Federal Court Rules 2011 r 1.34 Federal Court (Bankruptcy) Rules 2016 rr 1.04(1), 8.02(4) Federal Court (Corporations) Rules 2000 r 2.8(3)
Cases cited: Condon v Watson [2009] FCA 11 In the matter of Lock [2021] FCA 682 Re Equiticorp Australia Ltd (in liq) [2011] NSWSC 1368 Re Porter v Mansfield [2012] NSWSC 220
Division: General Division
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