Warner, in the matter of Rivkin [2007] FCA 2020

Warner, in the matter of Rivkin [2007] FCA 2020

The request to the Royal Court of Jersey was appropriate because the Trustee had been appointed to administer the deceased estate in bankruptcy, the estate's property could include property outside Australia, investigations indicated substantial Jersey assets connected to the deceased through companies administered in Jersey, Jersey was a prescribed country, the evidence showed the Royal Court of Jersey would act on the request, and the form of request was sufficiently specific. Formal service was not necessary because the next of kin had applied for the bankrupt administration and the wife and children were aware of and supported the application.

Jurisdiction
Australia
Judgment Date
18 December 2007
Procedural Posture
Bankruptcy Application Under S 29(4) of the Bankruptcy Act 1966 (cth) for a Request to a Foreign Court to Act in Aid of the Federal Court / Reasons for Judgment Following Order Made on 12 December 2007
Outcome
Application granted; the Court ordered that it request the Royal Court of Jersey to act in aid of, and be auxiliary to, the Federal Court in matters of bankruptcy concerning the bankrupt estate of the late Rene Walter Rivkin.
Legal Topics
['request for Assistance From Foreign Court' 'deceased Bankrupt Estate' 'administration of Estate in Bankruptcy' 'service or Notice of Application' 'jersey Assets']
['bankruptcy' 'cross Border Insolvency'] ['request for Assistance From Foreign Court' 'deceased Bankrupt Estate' 'administration of Estate in Bankruptcy' 'service or Notice of Application' 'jersey Assets']

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Procedural Posture

Bankruptcy Application Under S 29(4) of the Bankruptcy Act 1966 (cth) for a Request to a Foreign Court to Act in Aid of the Federal Court / Reasons for Judgment Following Order Made on 12 December 2007

Legal Issues

  1. 1 ['Whether the Court should request the Royal Court of Jersey to act in aid of, and be auxiliary to, the Federal Court in matters of bankruptcy concerning the deceased bankrupt estate.' 'Whether the request was appropriate and sufficiently specific.' "Whether formal service of the application was necessary where the deceased's next of kin had sought the bankrupt administration and supported the application."]

Ratio Decidendi

The request to the Royal Court of Jersey was appropriate because the Trustee had been appointed to administer the deceased estate in bankruptcy, the estate's property could include property outside Australia, investigations indicated substantial Jersey assets connected to the deceased through companies administered in Jersey, Jersey was a prescribed country, the evidence showed the Royal Court of Jersey would act on the request, and the form of request was sufficiently specific. Formal service was not necessary because the next of kin had applied for the bankrupt administration and the wife and children were aware of and supported the application.

Court Disposition

Application granted; the Court ordered that it request the Royal Court of Jersey to act in aid of, and be auxiliary to, the Federal Court in matters of bankruptcy concerning the bankrupt estate of the late Rene Walter Rivkin.

Orders

  • ['On 12 December 2007, pursuant to s 29(4) of the Bankruptcy Act 1966 (Cth), the Court ordered that it request the Royal Court of Jersey to act in aid of, and be auxiliary to, the Federal Court in matters of bankruptcy concerning the bankrupt estate of the late Rene Walter Rivkin in the respects set out in the order.']