The Official Trustee in Bankruptcy v Shaw (No 3) [2023] FCA 1178

Federal Court of Australia

The Official Trustee in Bankruptcy v Shaw (No 3) [2023] FCA 1178 File number(s): VID 361 of 2021

Judgment of: SARAH C DERRINGTON J

Date of judgment: 6 October 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – application by Official Trustee for vexatious proceedings orders against a bankrupt pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – whether Official Trustee authorised under the Bankruptcy Act 1966 (Cth) to bring such proceedings – whether relates to the administration of the estate under s 134(1)(j) of the Bankruptcy Act – whether proceedings validly instituted by the Official Trustee under ss 15 and 18 of the Bankruptcy Act – whether Official Trustee's powers and functions were validly delegated – where Carltona principle applicable PRACTICE AND PROCEDURE – vexatious proceedings order sought by Official Trustee against applicant pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – whether Official Trustee authorised under the Bankruptcy Act 1966 (Cth) to bring such proceedings – whether proceedings validly instituted by the Official Trustee under ss 15 and 18 of the Bankruptcy Act – whether solicitors validly instructed to institute and conduct proceedings

Legislation: Acts Interpretation Act 1901 (Cth) ss 34AA, 34AB(1)(b) Bankruptcy Act 1966 (Cth) ss 5, 11(2), 12, 13, 13(a), 13(a)(ii), 13(b), 13(d), 15, 15(1), 15(3), 15(4), 18, 18(8), 19, 19(1), 60(1), 60(4), 134, 134(1)(e)-(g), 134(1)(ia), 134(1)(j), 134(3), 146, 306 Federal Court of Australia Act 1976 (Cth) ss 37, 37AO(2), 37AO(3), 37AO(3)(d)-(c) Federal Court Rules 2011 (Cth) rr 15.01, 15.10, 30.02