Kimber v Clark in his capacity as trustee of the property of Kimber

1. These proceedings arise from Order 2 made on 7 June 2023 by the Full Court of the Federal Court in Kimber v Clark in his capacity as trustee of the property of Kimber (No 2) [2023] FCAFC 88, which requires that the appellant, Janelle Kimber, pay the first and second respondents' costs of the appeal proceedings, to be assessed on a lump sum basis by a Registrar of the Court.
2. On 12 December 2025, a Registrar of the Court made directions for the filing of affidavit evidence and, on the application of Ms Kimber, for the proceedings concerning the quantum of the first respondent's costs of the appeal to be referred for allocation to a docket judge.
3. On 23 March 2026, as the docket judge, I conducted a case management hearing. On that occasion I made directions for the filing of affidavits and set the proceedings down for hearing. During the course of the hearing, Ms Kimber sought, as direction 3 in her draft short minutes of order, an order that I make preliminary rulings going to the admissibility of a costs summary filed on behalf of the first respondent. I declined to make that order on the basis that this is a question for determination at the hearing. Ms Kimber also sought, as direction 4, an order pursuant to Schedule 2, section 90-15 of the Bankruptcy Act 1966 (Cth) for the production of certain trust account records by the first respondent. Prior to the provision by Ms Kimber of draft short minutes of order, no application was before the court in this regard. After making enquiries of counsel for the first respondent, I directed that the first respondent respond to requests for production of documents as communicated to them by Ms Kimber. Otherwise, I did not consider it appropriate to make further orders in this regard at the case management hearing.
4. These reasons are given following a request by Ms Kimber for an explanation as to why directions 3 and 4 of her proposed short minutes of order were not made. Whilst in my view those reasons are apparent from the transcript, I provide them separately to assist the parties.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Burley.