Harrison (Trustee) v Rukaj, in the matter of Rukaj

1. The application dated 22 December 2025 be allowed.

1. The Third Respondent and any Occupier of the property known as Unit 1, 16 Bristol Road, Pascoe Vale in the state of Victoria and more particularly described in Certificate of Title Volume 11816 Folio 392 (the Unit 1 Property) deliver up vacant possession of the Unit 1 Property to the Applicant within 30 days of the date of this Order.
2. The Third Respondent and any Occupier of the Unit 1 Property deliver up all keys and documents for all buildings and improvements on the Unit 1 Property to the Applicant within 30 days of the date of any order of this Honourable Court.
3. The Third Respondent and any Occupier must remove from the Unit 1 Property all vehicles, rubbish and chattels which have not vested in the Applicant (the personal property) within 30 days of the date of this Order.
4. In the event that the Third Respondent and any Occupier fail to deliver up vacant possession of the Unit 1 Property in accordance with paragraphs 2 and 3 above, a Writ of Possession shall be issued forthwith.
5. The Applicant is appointed as trustee for the sale of the Unit 1 Property.
6. The Applicant is empowered to do everything necessary or expedient to execute all documents on behalf of the Third Respondent to give effect to these orders as necessary, including the following documents:

(a) Any contract of sale;

(b) Any nomination form or similar;

(c) Any transfer of land;

(d) Any notice to be issued under a contract of sale; and

(e) Any other document contemplated or envisaged by, ancillary to or otherwise related to, any of the above documents.

1. The net proceeds of sale of the Unit 1 Property, after payment of what shall be due to any encumbrancer according to their priorities, and all other proper costs, charges, and expenses of the sale be paid to the Applicant as trustee of the bankrupt estate of Sokol Rukaj.

1. The First Respondent, the Third Respondent and/or any Occupier of the property known as Unit 2, 16 Bristol Road, Pascoe Vale in the State of Victoria and more particularly described in Certificate of Title Volume 11816 Folio 393 (the Unit 2 Property) deliver up vacant possession to the Applicant within 30 days of the date of this Order.
2. The First Respondent, the Third Respondent and/or any Occupier deliver up all keys and documents for all buildings and improvements on the Unit 1 Property to the Applicant within 30 days of the date of this Order.
3. The First Respondent, the Third Respondent and/or any Occupier must remove from the Unit 2 Property all vehicles, rubbish and chattels which have not vested in the Applicant (the personal property) within 30 days of the date of this Order.
4. In the event that the First Respondent, the Third Respondent and/or any Occupier fail to deliver up vacant possession of the Unit 1 Property in accordance with paragraphs 9 and 10 above, a Writ of Possession shall be issued forthwith.
5. The Applicant is appointed as trustee for the sale of the Unit 2 Property.
6. The Applicant is empowered to do everything necessary or expedient to execute all documents on behalf of the Third Respondent to give effect to these orders as necessary, including the following documents:

(a) Any contract of sale;

(b) Any nomination form or similar;

(c) Any transfer of land;

(d) Any notice to be issued under a contract of sale; and

(e) Any other document contemplated or envisaged by, ancillary to or otherwise related to, any of the above documents.

1. The net proceeds of sale of the Unit 2 Property, after payment of what shall be due to any encumbrancer according to their priorities, and all other proper costs, charges, and expenses of the sale be paid to the Applicant as trustee of the bankrupt estate of Sokol Rukaj.
2. Pursuant to subrules 10.14(a) and 10.14(d) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) (Rules) and r 102(1) of the Bankruptcy Regulations 2021 (Cth) (Regulations) personal service of this Order be dispensed with.
3. Pursuant to r 10.14(b) of the Rules and r 102(1) of the Regulations, service of this Order may be effected by delivery of a sealed copy thereof in envelopes addressed to "Sokol Rukaj" and/or "The Occupier" to each of the Unit 1 Property and the Unit 2 Property and affixing such envelopes to the front door of each of the Properties.
4. Pursuant to r 10.14(c) of the Rules, service of this Order is taken to have been effected by delivery of a sealed copy thereof in the manner provided by paragraph 17 of this Order.

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).

1. The applicant in this proceeding is Mr Brett Harrison, the Registered Trustee of the Bankrupt Estate of Sokol Rukaj (Bankrupt). The Trustee was appointed on 22 May 2025 at the time that a sequestration order was made by Judicial Registrar Curnow in this Court in matter LNG30/2025. The act of bankruptcy occurred on 19 March 2025.
2. Prior to his bankruptcy and since 6 September 2016, the Bankrupt was the registered proprietor of two units (Units 1 and 2) located at 16 Bristol Road, Pascoe Vale, Victoria, 3044 (the Pascoe Vale Properties). By operation of ss 58 and 116 of the Bankruptcy Act, the Bankrupt's interest in the Pascoe Vale Properties vested in the Trustee upon his appointment. The Trustee is now recorded on the title to the Pascoe Vale Properties as the sole registered proprietor.
3. By an application filed on 22 December 2025, the Trustee seeks orders for the vacant possession and sale of the Pascoe Vale Properties.
4. Relief is sought pursuant to ss 58(1), 116(1), 132(1) and 134(1)(a) of the Bankruptcy Act 1966 (Cth). Interim orders were made on 5 March 2026 to prevent the Bankrupt (or anyone else in occupation of the Pascoe Vale Properties) from transferring, encumbering, dealing with and diminishing the value of those properties.
5. In making his application, the Trustee relies on the following material:
   • Application filed on 22 December 2025;
   • Trustee's affidavit sworn on 16 December 2025 (the Trustee Affidavit);
   • The affidavit of service of Mr Mark Grover sworn on 2 March 2026 (First Grover Affidavit); and
   • The affidavit of service of Mr Mark Grover sworn on 24 March 2026 (Second Grover Affidavit).
   • Written submissions filed on 24 March 2026.

PROCEDURAL BACKGROUND AND EFFORTS MADE BY TRUSTEE TO ADMINISTER BANKRUPT ESTATE

1. On 2 June 2025, the Trustee engaged a process server (Mr Grover) to personally serve on the Bankrupt a letter that informed him of the nature of the Trustee's appointment and requested that the Bankrupt complete and lodge his Statement of Affairs, which I note is a requirement under s 54(1) of the Bankruptcy Act.
2. That same day, the Bankrupt contacted the Trustee's office and communicated his willingness to repay all debts and costs associated with his bankruptcy. While the Bankrupt did later pay part of an amount owing to the petitioning creditor (on account of owners corporation fees), the Trustee's investigations to date have uncovered creditors to whom the Bankrupt is collectively indebted in an amount of $1,370,728.
3. In the course of his investigations into the examinable affairs of the Bankrupt, the Trustee also identified that the Bankrupt was the sole registered proprietor of five properties in Victoria, including the Pascoe Vale Properties. The Trustee is prevented from dealing with three of the properties because they are subject to restraining orders under the Confiscation Act 1997 (Vic).
4. On 5 June 2025, a caveat was registered in favour of the Trustee on each of the Pascoe Vale Properties. As noted earlier, the Trustee was later registered on title as the sole proprietor.

Unit 1 - Certificate of Title Volume 11816 Folio 392

1. On 6 February 2025, the Commissioner of State Revenue registered a statutory charge on Unit 1 with respect to unpaid land tax in the amount of $25,102.73.
2. On 20 August 2025, a caveat on Unit 1 was registered with dealing number AZ504928Q by Merri-Bek City Council for statutory charges under the Local Government Act 1989 (Vic).[1] Unit 1 is otherwise unencumbered.
3. Unit 1 is a residential premises and has been valued at $900,000. Its sale, after allowing for registered interests, is likely to result in an amount in excess of $800,000 that would be available to creditors. As far as the Trustee is able to ascertain, Unit 1 is currently unoccupied but is being used as a storage facility by the Bankrupt's brother, Mr Oreal Rukaj.[2]

Unit 2 - Certificate of Title Volume 11816 Folio 393

1. Unit 2 is a residential premises and is currently occupied by the first respondent, the Bankrupt's sister, and her children.[3]
2. On 6 February 2025, the Commissioner of State Revenue registered a statutory charge on Unit 2 with respect to unpaid land tax in the value of $12,809.64.
3. On 20 August 2025, a caveat on Unit 2 was registered with dealing number AZ505074R by Merri-Bek City Council for statutory charges under the Local Government Act.[4] Unit 2 is otherwise unencumbered.
4. Unit 2 has been valued at $600,00. Its sale, after allowing for registered interests, is likely to result in an amount in excess of $500,000 that would be available to creditors.

1. On 26 June 2025, the Trustee instructed his lawyers to draft a letter of demand to the occupiers of the Pascoe Vale Properties to ascertain the identities of the occupant(s), any rental or tenancy agreements in place, evidence of rent paid, and a request to remit future rent to the Trustee.[5]
2. On 27 June 2025 and 28 June 2025, Mr Grover attended the Pascoe Vale Properties in an effort to effect personal service of the letter of demand but found no one in attendance.[6]
3. On 1 July 2025 at approximately 5:00pm, Mr Grover attended the Pascoe Vale Properties again and personally served the first respondent with the letter of demand at Unit 2 and affixed the demand letter onto the front door of Unit 1.[7]
4. Having received no response by the Bankrupt or anyone in occupation of the Pascoe Vale Properties to this letter, on 25 September 2025, the Trustee instructed his lawyers to send a demand to vacate property to the occupiers.[8]
5. The demand to vacate property communicated the intention of the Trustee to commence a sales campaign to sell the Pascoe Vale Properties and contained a demand that those in occupation provide vacant possession by 2 October 2025. Notice was also given that if vacant possession was not given, the Trustee would commence court proceedings, without further notice.
6. On 25 September 2025 at approximately 5.47pm, Mr Grover attended the Pascoe Vale Properties to serve the occupiers with the demand to vacate property. There was no one in attendance at either Unit 1 or Unit 2. Mr Grover affixed the demand to vacate property on the front door of both Pascoe Vale Properties and provided photographic evidence of having done so.

1. The matter was first listed for a directions hearing on 19 January 2026. This listing was vacated upon receipt of advice from the Trustee's lawyers that efforts to serve the respondents with the originating application had proved fruitless. The matter was relisted to 5 March 2026. In the intervening period, the Trustee filed an affidavit of service which satisfied me that reasonable steps had been taken to serve the Bankrupt, and those who might be in occupation of the Pascoe Vale Properties, with the originating application, the Trustee's affidavit and the order listing the matter for a directions hearing.
2. At the adjourned directions on 5 March 2026, lawyer Ms Everett, appeared on behalf of the Trustee. There was no appearance by or on behalf of any of the respondents.
3. The Trustee sought final orders which I declined to make at the time. Interim orders were however made, the effect of which has been described earlier.
4. The application was set down for final hearing at 2 pm on 26 March 2026 and the following procedural orders made that concerned the Bankrupt:
   • By 19 March 2026, he file and serve a notice of appearance, and should he object to the relief sought by the applicant trustee, a notice stating his grounds of opposition, together with an affidavit supporting those grounds.
   • For the purpose of the affidavit referred to above, the bankrupt depose to each of the facts, matters and circumstances within his knowledge, information and belief so as to provide details of the persons (if any) in possession and occupation of the properties, including the terms of any lease or licence pursuant to which any such person may be in such possession or occupation and a copy of any such lease or licence.
5. The Trustee was required to serve a copy of the orders made on 5 March 2026 on the respondents to his application by placing a sealed copy of the order in an in envelope addressed to the Bankrupt and/or the occupier to be affixed to the front door of each of the Pascoe Vale Properties.
6. Ahead of the final hearing, the Trustee filed an affidavit of service dated 24 March 2026 by which Mr Grover deposed to attending the Pascoe Vale Properties and serving in accordance with the 5 March orders, a sealed copy of the orders and correspondence from the Trustee's lawyers that, among other things, reminded the respondents of the scheduled hearing date and its location.
7. Neither the Bankrupt, the first respondent Ms Sinika Rukaj, or anybody answering, or purporting to answer, the description of occupier of the Pascoe Vale Properties filed any material in response to the orders. No material has been filed at any time by the Bankrupt, and I am informed that he last made contact with the Trustee on 29 July 2025. I note further that the Bankrupt has not yet filed a Statement of Affairs. Neither the Bankrupt nor the first respondent appeared when the matter was called on for hearing.
8. I am satisfied in these circumstances that notwithstanding the failure of the Bankrupt to appear and participate in in the proceeding that I can consider the Trustee's application without recourse to him. This is a course authorised by, among other provisions, r 22.04(1)(b)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal) Law Rules 2025 (Cth).

1. The Trustee seeks orders facilitating the sale of the Pascoe Vale Properties.
2. I am satisfied that the Pascoe Vale Properties were once properties of the Bankrupt on the basis of the Trustee's investigations and evidence that they were once registered in the name of the Bankrupt. The Pascoe Vale Properties are now vested in the Trustee pursuant to ss 58(1) and 116 of the Bankruptcy 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 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".[9]
4. The Trustee's duties include "taking appropriate steps to recover property for the benefit of the estate".[10] This duty would extend to taking possession of and realising the Pascoe Vale Properties.
5. I find that the Trustee has made all reasonable efforts to contact the Bankrupt and to engage with him regarding the realisation of the Pascoe Vale Properties.
6. In Michell (Trustee) v Sinnott, in the matter of Sinnott,[11] 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 Bankruptcy 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 Bankruptcy 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 as a response to an application of the trustee.
8. I am satisfied that the Court has the power to make the orders sought by the Trustee.
9. I am satisfied that it is appropriate in the exercise of my discretion that orders for possession and sale of the Pascoe Vale Properties be made. In particular, I am satisfied that the Trustee has made reasonable attempts to obtain vacant possession of the Pascoe Vale Properties from the Bankrupt, or those who he might have authorised to occupy them.

1. For the reasons set out above, I consider that it is appropriate to make orders facilitating the possession and sale of the Pascoe Vale Properties by the Trustee. The Trustee's entitlement to reimbursement for remuneration and expenses is otherwise dealt with by the Bankruptcy Act, including the costs of this proceeding.

I certify that the preceding forty (40) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Symons.

[9] Bankruptcy Act, sub-ss 77(1)(e) and (g).

[10] Bankruptcy Act, s 19(1)(f).

[11] [2023] FCA 464 at [22]- [31].