Federal Court of Australia
Federal Court of Australia
Field (Trustee) v Spencer [2025] FCA 122 File number: WAD 267 of 2024
Judgment of: COLVIN J
Date of judgment: 26 February 2025
Catchwords: BANKRUPTCY - application by trustee for order for possession of bankrupt's home - whether any basis to oppose order - consideration of source of power to grant orders - consideration of appropriate form of orders - considerable delay by trustee in administration of estate - whether orders should be made in exercise of Court's supervisory jurisdiction - orders for possession - show cause orders made as to ongoing conduct of administration
Legislation: Bankruptcy Act 1966 (Cth) s 27, Schedule 2 (Insolvency Practice Schedule (Bankruptcy)) ss 90-10, 90-15 Judiciary Act 1903 (Cth) s 79 Conveyancing Act 1919 (NSW) s 66G Civil Judgments Enforcement Act 2004 (WA)
Cases cited: Adsett v Berlouis (1992) 37 FCR 201 CFB18 v Reader Lawyers & Mediators [2018] FCA 611 Coshott v Prentice [2014] FCAFC 88; (2014) 221 FCR 450 Lo Pilato (Trustee), in the matter of Ghougassian (Bankrupt) v Ghougassian (No 3) [2022] FCA 1532 Michell (Trustee) v Sinnott, in the matter of Sinnott [2023] FCA 464 Petrie, Trustee of the Property of Aitken (Bankrupt) v Aitken [2019] FCCA 1708 Scott as Trustee of the Bankrupt Estate of Williams v State of New South Wales [2022] FedCFamC2G 569 Shaw v The Official Trustee in Bankruptcy of the Australian Financial Security Authority (No 3) [2021] FCA 1569
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate