Giasoumi and Jackson as Trustees of the Bankrupt Estate of Anagnostopoulos v Anagnostopoulos [2025] FedCFamC2G 2041

(a) have the sole conduct of the sale of the Property and any personal property not removed and are authorised to instruct an agent or an auctioneer for that purpose;

(b) are solely to decide whether the Property and any personal property not removed is to be sold by public auction or private treaty; and

(c) are solely to decide whether or not to set a reserve for any auction for the Property and any personal property not removed and, if so, at what price.

1. The respondent do all things as may be reasonably required by the applicants or their selling agent or their solicitor for the purpose of achieving a sale of the Property, including providing access to the buildings on the Property and for the purpose of valuation and viewing by potential purchasers, provided the Property not be made available for inspection by potential purchasers until sixty (60) days after the date of this Order.
2. An order that the proceeds of sale of the Property be applied as follows:

(a) first, in payment of all selling costs including agent's commission, advertising and marketing expenses, conveyancing and legal costs associated with the sale;

(b) second, in payment of any outstanding rates, taxes, charges, owners corporation fees or other outgoings affecting the Property or deriving from or associated with the ownership or maintenance of the Property up to the time of settlement on the sale of the Property;

(c) third, in payment of the monies owing to any secured creditor;

(d) fourth, in repayment of the costs of removal and/or disposal of all such personal property as may remain at Property;

(e) fifth, all remaining proceeds are to be paid to the Applicants as trustees of the bankrupt estate of the Respondent.

1. The applicants serve a copy of this Order on the respondent, using the substituted means of service in the Orders made 15 September 2025.

The parties have liberty to apply on 3 days' notice.

Note: The form of the order is subject to the entry in the Court's records.

Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 24.04(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)), or to record a variation to the order pursuant to r 24.04 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).

Delivered ex tempore and revised from transcript

1. By Application filed on 21 August 2025, the Applicants (Trustees), who are the joint and several trustees of the bankrupt estate of Cathy Anagnostopoulos (Bankrupt), seek orders to facilitate the sale of the property at Lot 2, 317-339 Murrumbeena Road, Murrumbeena in the State of Victoria, more particularly described in certificate of title Volume 10641 Folio 857 (Property) that is registered in the name of the Bankrupt (Application).
2. The hearing of the Application took place at the Melbourne Registry of the Court on 12 December 2025 (Hearing). The Trustees were represented by counsel. No appearances were made on behalf of the Respondent.

1. The Trustees tendered the following affidavits:

(a) affidavit of Nicholas Giasoumi sworn 20 August 2025 (Trustee's Affidavit);[1]

(b) affidavit of Annabel Wisemantel sworn 20 August 2025 (Wisemantel Affidavit);[2]

(c) affidavit of Justin Paul Hogg sworn on 8 September 2025 (Hogg Affidavit);[3]

(d) affidavit of Annabel Wisemantel sworn 22 September 2025 (Wisemantel Affidavit # 2);[4]

(e) affidavit of Annabel Wisemantel sworn 6 November 2025 (Wisemantel Affidavit # 3);[5] and

(f) affidavit of Nicholas Giasoumi sworn 14 November 2025 (Trustee's Affidavit #2).[6]

1. The Trustees filed an outline of submissions dated 9 December 2025.

1. On 28 October 2017, the Bankrupt acquired the Property and became the registered proprietor.[7]
2. On 30 May 2024, the Bankrupt became a bankrupt and the Applicants became her trustees in bankruptcy.[8]
3. As at the date of her bankruptcy:

(a) the Bankrupt was the registered proprietor of the Property;[9]

(b) the Property was unencumbered;[10] and

(c) there were two warrants of seizure and sale recorded on the title to the Property which were issued on the application of the Owners' Corporation in respect of unpaid fees and levies.[11]

1. The Bankrupt has not lodged a statement of her affairs.[12]
2. The Owners' Corporation claims to be owed $39,684.32 as at 26 June 2025.[13]
3. Panthera Finance claims to be owed $346 as an unsecured creditor.[14]
4. The Trustees estimated payout figure for annulment[15] is $113,633 (high end), including Trustees' remuneration and estimated remuneration and legal fees.[16] The figure does not appear to include the bankruptcy realisation charge, which would also be payable.
5. The Trustees believe the Property to be worth around $1M based on an estimated range obtained from realestate.com.au.[17]
6. A number of attempts have been made by the Trustees and their lawyers, in person, by post, by telephone, voicemail, email and text, to contact the Bankrupt, but without success.[18]

1. On 21 August 2025, the Trustees filed the Application seeking orders as follows:

Vacant possession

1. An order pursuant to ss 30, 77(1)(e) and 77(1)(g) of the Bankruptcy Act, that the Respondent, within 28 days:

   1. vacate the Property and provide vacant possession of the Property to the Applicant;
   2. deliver up to the Applicant the keys for any buildings and improvements on the Property; and
   3. remove all personal property, being vehicles, rubbish and chattels (together Personal Effects) which are not vested in the Applicant.

2. An order that if the Respondent fails to deliver up vacant possession of the Property, or the keys to the Property, in compliance with orders 3(a) and 3(b) above, that a warrant for vacant possession of the Property be issued forthwith in favour of the Applicant, and for this purpose an affidavit sworn by the Applicant deposing to non-compliance with order 3(a) and 3(b) above shall be sufficient proof to enable the issue of the warrant of possession when filed with the Court.

3. In the event that the Respondent fails to comply with paragraph 3(c) above, an order that after 28 days the Applicant be authorised and empowered to remove and/or dispose of any Personal Effects that remain on the Property, at the Respondent's cost, without any obligation to account to the Respondent for such Personal Effects.

Sale of Property

1. An order pursuant to ss 134(1)(a), 134(1)(o) and 134(3) of the Bankruptcy Act, that the Applicant is authorised to sell the Property forthwith and is appointed as trustee for its sale.
2. An order that the Respondent must do all things and sign all documents as may be necessary to effect a sale of the Property within such time as is nominated by the Applicant, such documents to be provided and/or prepared by the Applicant's lawyer and/or the lawyer for the purchaser(s), as the case requires.
3. An order that pursuant to s134(1)(k) of the Bankruptcy Act, that in default of the Respondent's compliance with order 6 above, the Applicant is authorised and empowered forthwith to do all things and sign all documents on behalf of the Respondent, including by signing any contract of sale, discharge of mortgage, authority, transfer of land or other document, required to effect a sale of the Property.
4. An order that the proceeds of sale of the Property be applied as follows:

   1. first, in discharge of any valid encumbrance over the title to the Property;

   2. second, in payment of all statutory levies, rates and charges payable on settlement of the sale of the Property;

   3. third, in payment of the commission and other fees of any real estate agent engaged by the Applicant;

   4. fourth, towards the remuneration, costs and expenses of the Applicant incurred in acting as trustee for sale of the Property; and

   5. fifth, to the Applicant.

Other orders

10. An order that the Applicant's costs of this proceeding are otherwise deemed to be proper costs of administering the Respondent's bankrupt estate.

11. Such further or other orders that the Court deems appropriate.

(words as written)

1. On 8 September 2025, Judge Gostencnik of this Court (as he was then) ordered, among other things, that the matter be re-listed for directions on a date to be fixed.
2. On 15 September 2025, Judge Gostencnik made orders for substituted service of the Application and supporting documents.
3. The Application and supporting documents were served on the Bankrupt in accordance with the orders for substituted service.[19]
4. On 24 September 2025, I made orders, among other things, listing the matter for final hearing.
5. On 12 December 2025, the Hearing before me took before me.

1. The Trustees seek orders facilitating the sale of the Property.
2. I am satisfied that the Property was property of the Bankrupt on the basis of the Trustees' investigations and the registration of the Property in the name of the Bankrupt. The Property is now vested in the Trustees pursuant to ss 58 and 116 of the Act.
3. The Bankrupt's duties include the duty to "execute such instruments and generally do all such acts and things in relation to his or her property and its realization as are required by this Act or by the trustee or as are ordered by the Court upon the application of the trustee" and to "aid to the utmost of his or her power in the administration of his or her estate".[20]
4. The Trustees duties include "taking appropriate steps to recover property for the benefit of the estate".[21] This duty would extend to taking possession of and realising the Property.
5. I find that the Trustees have made all reasonable efforts in order to contact the Bankrupt and engage with her regarding the realisation of the Property.
6. In Michell (Trustee) v Sinnott, in the matter of Sinnott,[22] (Sinnott) Button J summarised the court's power to make orders for possession and sale of property. Her Honour held that s 30(1)(b) of the Act empowered the court to make orders against a bankrupt for the vacant possession of property, issuing a warrant of possession and for the sale of a property in circumstances where the bankrupt was not complying with his or her obligations under the Act.
7. The Court also has a broad power to make such orders as it thinks appropriate in relation to the administration of a regulated debtor's estate under s 90-15 of Schedule 2 - Insolvency Practise Schedule (Bankruptcy) to the Bankruptcy Act on its own initiative or an application of the trustee.
8. I am satisfied that the court has the power to make the orders sought by the Trustees.
9. I am satisfied that it is appropriate in the exercise of my discretion that orders for possession and sale of the Property be made. In particular, I am satisfied that the Trustees have made reasonable attempts to obtain vacant possession of the Property from the Bankrupt.
10. I am satisfied that orders in the form discussed with counsel would be appropriate which are similar to those made in Sinnott with some modifications.

1. For the reasons set out above, I consider that it is appropriate to make orders facilitating the possession and sale of the Property by the Trustees. The proposed orders include provision for payment of the Trustees remuneration, costs and expenses in relation to the sale. The Trustees' entitlement to reimbursement for remuneration and expenses is otherwise dealt with by the Act, including the costs of these proceedings.

I certify that the preceding thirty (30) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Fary.

[3] Affidavit of attempted service. Exhibit A3.

[15] Section 153A of the Bankruptcy Act 1966 (Cth) (Act).

[18] Trustee's Affidavit and Wisemantel Affidavit.

[19] Wisemantel Affidavit #2 and Wisemantel Affidavit #3.

[20] Section 77(1)(e) and (g) of the Act.

[21] Section 19(1)(f) of the Act.

[22] [2023] FCA 464; BC202304751 at [22]-[31].