Nixon, in the matter of Nixon (No 2) [2015] FCA 1047
[2015] FCA 1047
At a glance
Source factsCourt
Federal Court of Australia
Decision date
2015-09-23
Before
Edelman J
Source
Original judgment source is linked above.
Judgment (7 paragraphs)
ON THE CONDITION THAT NONE OF THE APPLICANTS CHARGE ANY PROFESSIONAL FEES TO ANY OF THE ESTATES IDENTIFIED IN SCHEDULES 1 TO 9 IN ANNEXURE A TO THESE ORDERS FOR WORK DONE TO FAMILIARISE THEMSELVES WITH THE PRIOR CONDUCT OF THE SAID ESTATES, THE COURT ORDERS THAT:
- In respect of each of the bankrupt estates listed in Schedules 1 to 6 in Annexure "A" to these orders (of which the parties are trustees): 1.1 Pursuant to Rule 1.34 of the Federal Court Rules 2011 (Cth) (the Rules) and Rule 1.03(2) of the Federal Court (Bankruptcy) Rules 2005 (Cth) (the Bankruptcy Rules), compliance with the requirements of Rules 8.02(2)(b) and (c) of the Bankruptcy Rules be dispensed with. 1.2 Pursuant to section 134(4) and section 180 of the Bankruptcy Act 1966 (Cth):- (a) In respect of the estates set out in Schedule 1 in Annexure "A" to these orders:- (1) the resignation of Brendan Joseph Nixon (Mr Nixon) as one of the two trustees of the estate be accepted; and (2) as a condition of Mr Nixon's resignation:- (A) Joanne Emily Dunn (Ms Dunn) must forthwith file a Consent to Act as Trustee with the Official Receiver; (B) From lodgement of the said Consent to Act, Ms Dunn be appointed trustee of the said bankrupt estates, jointly and severally with the remaining trustee, Ian Charles Francis (Mr Francis). (b) In respect of the estates set out in Schedule 2 in Annexure "A" to these orders:- (1) the resignation of Mr Nixon as one of the two trustees of the estate be accepted; and (2) as a condition of Mr Nixon's resignation:- (A) Kelly-Anne Lavina Trenfield (Ms Trenfield) must forthwith file a Consent to Act as Trustee with the Official Receiver; (B) From lodgement of the said Consent to Act, Ms Trenfield be appointed trustee of the said bankrupt estates, jointly and severally with the remaining trustee, Ms Dunn. (c) In respect of the estates set out in Schedule 3 in Annexure "A" to these orders:- (1) the resignation of Mr Nixon as one of the two trustees of the estate be accepted; and (2) as a condition of Mr Nixon's resignation:- (A) Ms Dunn must forthwith file a Consent to Act as Trustee with the Official Receiver; (B) From lodgement of the said Consent to Act, Ms Dunn be appointed trustee of the said bankrupt estates, jointly and severally with the remaining trustee, John Richard Park (Mr Park). (d) In respect of the estates set out in Schedule 4 in Annexure "A" to these orders:- (1) the resignation of Mr Nixon as one of the two trustees of the estate be accepted; and (2) as a condition of Mr Nixon's resignation:- (A) Ms Dunn must forthwith file a Consent to Act as Trustee with the Official Receiver; (B) From lodgement of the said Consent to Act, Ms Dunn be appointed trustee of the said bankrupt estates, jointly and severally with the remaining trustee, Ms Trenfield. (e) In respect of the estates set out in Schedule 5 in Annexure "A" to these orders:- (1) the resignation of Mr Nixon as one of the two trustees of the estate be accepted; and (2) as a condition of Mr Nixon's resignation:- (A) Ms Dunn must forthwith file a Consent to Act as Trustee with the Official Receiver; (B) From lodgement of the said Consent to Act, Ms Dunn be appointed trustee of the said bankrupt estates, jointly and severally with the remaining trustee, Paul Anthony Allen (Mr Allen). (f) In respect of the estates set out in Schedule 6 in Annexure "A" to these orders:- (1) the resignation of Mr Nixon as the sole trustee be accepted; (2) as a condition of Mr Nixon's resignation:- (A) Ms Dunn must forthwith file a Consent to Act as Trustee with the Official Receiver; (B) Ms Trenfield must forthwith file a Consent to Act as Trustee with the Official Receiver; (C) From lodgement of the said Consents to Act, Ms Dunn and Ms Trenfield be appointed joint and several trustees of the said bankrupt estates.