Re Athanassopoulos, Constantinos [1982] FCA 104

Re Athanassopoulos, Constantinos [1982] FCA 104

Because there were no transitional provisions in Statutory Rules 1981 No. 304, and applying the authority of Re Marc, the Official Trustee was not entitled to a fee until after the realization of the estate was complete. As realization occurred after 1 November 1981, fees must be calculated under the new scale for the whole work done.

Parties
Bankrupt: Constantinos Athanassopoulos; Trustee: Official Trustee in Bankruptcy
Jurisdiction
Australia
Judgment Date
19 May 1982
Procedural Posture
Bankruptcy / Post Discharge, Determination of Trustee's Fees
Outcome
Official Trustee entitled to fees calculated under the new scale only; no formal order or declaration; no order for costs; parties to act in accordance with findings.
Legal Topics
Official Receiver's Fees, Amendment to Fee Scales, Transitional Provisions, Repeal Vs Amendment, Law Reform
Bankruptcy Official Receiver's Fees Amendment to Fee Scales Transitional Provisions Repeal Vs Amendment Law Reform

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Parties

Constantinos Athanassopoulos

Bankrupt

Official Trustee in Bankruptcy

Trustee

Procedural Posture

Bankruptcy / Post Discharge, Determination of Trustee's Fees

Legal Issues

  1. 1 Whether fees payable to the Official Trustee are calculated under the old scale, new scale, or a combination when realization of estate overlaps amendment date
  2. 2 When Official Trustee's fees become payable

Ratio Decidendi

Because there were no transitional provisions in Statutory Rules 1981 No. 304, and applying the authority of Re Marc, the Official Trustee was not entitled to a fee until after the realization of the estate was complete. As realization occurred after 1 November 1981, fees must be calculated under the new scale for the whole work done.

Court Disposition

Official Trustee entitled to fees calculated under the new scale only; no formal order or declaration; no order for costs; parties to act in accordance with findings.