Bianco (Trustee), in the matter of the bankrupt estate of Jones (Deceased) [2022] FCA 1470

FEDERAL COURT OF AUSTRALIA

Bianco (Trustee), in the matter of the bankrupt estate of Jones (Deceased) [2022] FCA 1470 File number(s): VID 562 of 2021

Judgment of: MCELWAINE J

Date of judgment: 7 December 2022

Catchwords: BANKRUPTCY AND INSOLVENCY - Application by Trustees in bankruptcy pursuant to s 30(1) of the Bankruptcy Act 1966 (Cth) and s 90-15 of the Insolvency Practice Schedule (Bankruptcy) being Schedule 2 to the Bankruptcy Act – where Trustees entered into a funding agreement to fund the costs of litigation – where retrospective approval and relief from personal liability for breach of trust is sought – where application is opposed by creditors to the bankrupt estate – where delay in seeking approval – application for approval granted – separate application for relief from personal liability pursuant to the Trustee Act 1958 (Vic) refused PRACTICE AND PROCEDURE – Application for confidentiality orders pursuant to ss 37AF and 37AG of the Federal Court of Australia Act 1976 (Cth) – where confidentiality regime implemented by the Federal Circuit and Family Court of Australia (Division 1) – use of pseudonyms necessary to prevent prejudice to the administration of justice as a matter of comity

Legislation: Bankruptcy Act 1966 (Cth) ss 19, 30(1), 58, 109, 116(2)(q), 153A, Schedule 2 (Insolvency Practice Schedule (Bankruptcy)) s 90-15 Corporations Act 2001(Cth) Schedule 2 (Insolvency Practice Schedule (Corporations)), ss 90-10, 90-15 Family Law Act 1975 (Cth) ss 75, 79, 117, 121(9)(g Federal Court of Australia Act 1976 (Cth) ss 17(4), 37AF, 37AG Trustee Act 1925 (NSW) s 63 Trustee Act 1958 (Vic) s 67