The Court removed an administrator who admitted misappropriating approximately $1.14 million of estate funds, imposed freezing orders, conducted oral examinations under Civil Procedure Act 2005 s 108 and the Court's inherent jurisdiction to trace estate assets, and referred the first defendant and other defendants to the Attorney General for investigation of possible criminal conduct. Rather than making a general administration order under McLean v Burns Philp, the Court retained close supervisory jurisdiction with general liberty to apply, and authorised partial payment of $101,604.67 from recovered funds to the solicitors who had acted to recover estate assets, while staying recovery of the balance of their costs to preserve the estate's solvency pending possible further recoveries. The Court also referred the matter to the President of the Law Society for consideration of law reform to require solicitors ceasing to act for an undistributed estate to notify beneficiaries before termination takes effect.
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