application for orders under ss 180 and 183 of the Bankruptcy Act 1966 (Cth) for resignation and release of trustee
application for orders under r 14.23 of the Federal Court Rules 2011 (Cth) for retirement as court-appointed receiver and manager
applications granted
Quick Take
1Sections 180 and 183 of the Bankruptcy Act 1966 (Cth) empower the Court to accept a trustee's resignation and release the trustee. Where there is a wholesale transfer of estates to another practitioner, the Court may proceed under those provisions rather than s 181A, avoiding the cost and delay of notifying creditors.
2Courts have not set a high bar for court-appointed receivers seeking discharge on their own initiative. A practitioner's change of firms is generally treated as an adequate reason for retirement under r 14.23 of the Federal Court Rules 2011 (Cth).
3Service on bankrupts and creditors, and the requirement for a replacement trustee to report to creditors under s 70-30 of the Insolvency Practice Rules (Bankruptcy) 2016, may be dispensed with where the cost would be disproportionate and the information has already been provided. On the facts, the cost was about $5,000 per estate, and the absence of any evidence of prejudice to creditors or bankrupts supported the dispensations.
