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Bankruptcy

Field (Trustee) v Spencer

Field (Trustee) v Spencer [2025] FCA 122

The Federal Court ordered a bankrupt to give vacant possession of his home, authorised the trustee’s sale, and required the trustee to show cause about delay and remuneration.

  • Trustee powers
  • Possession orders
  • Sale of property
  • Court's supervisory jurisdiction
  • Costs orders
  • Bankruptcy
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Bankruptcy

Kimber v Clark in his capacity as trustee of the property of Kimber (No 3)

Kimber v Clark in his capacity as trustee of the property of Kimber (No 3) [2025] FCA 86

The Federal Court summarily dismissed Ms Kimber’s application to annul her bankruptcy, finding no reasonable cause of action and that the proceeding was an abuse of process.

  • Annulment of bankruptcy
  • Summary dismissal
  • Abuse of process
  • Reasonable cause of action
  • Bankruptcy-annulment
  • Summary-dismissal
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Civil procedure

Papoutsakis v Tsiakis

Papoutsakis v Tsiakis [2025] NSWSC 35

The NSW Supreme Court summarily dismissed proceedings against a third defendant because the plaintiff was an undischarged bankrupt and lacked standing.

  • Summary dismissal
  • Standing of bankrupt litigant
  • Exception to vesting of causes of action in trustee
  • Summary-dismissal
  • Bankruptcy-standing
  • Personal-injury-exception
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Practice and procedure

Frigger v Trenfield (Application to Adjourn Final Hearing)

Frigger v Trenfield (Application to Adjourn Final Hearing) [2025] FCA 71

The Federal Court vacated the trial date because of the first applicant’s custody restrictions, but refused leave to amend the pleadings, join FTI, or revisit subpoenas.

  • Application to adjourn hearing
  • Amendment of statement of claim
  • Joinder of party
  • Relevance of subpoenas
  • Costs
  • Practice-and-procedure
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Bankruptcy

Mokhtar v Piscopo (No 2)

Mokhtar v Piscopo (No 2) [2025] FCA 21

The Federal Court ordered a bankrupt estate trustee to pay the applicant’s costs personally, without estate indemnity, and allowed payment directly to pro bono counsel.

  • Costs orders
  • Removal of trustee
  • Indemnity of trustees
  • Pro bono legal costs
  • Bankruptcy-costs
  • Trustee-removal
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Practice and procedure

The Official Trustee in Bankruptcy v Shaw (No 5)

The Official Trustee in Bankruptcy v Shaw (No 5) [2024] FCA 1490

The Federal Court dismissed Mr Shaw’s interlocutory application after the Official Trustee discontinued the proceeding, finding the sought inquiry did not survive and was issue estopped.

  • Discontinuance of proceedings
  • Interlocutory applications
  • Cross-claims
  • Issue estoppel
  • Judicial recusal
  • Procedural fairness
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Bankruptcy

Goodin, in the matter of Goodin

Goodin, in the matter of Goodin [2024] FCA 1512

The Federal Court accepted a trustee’s resignation from multiple regulated debtors’ estates, appointed a replacement trustee, and dispensed with service requirements.

  • Resignation of trustee
  • Appointment of replacement trustee
  • Dispensation of service requirements
  • Bankruptcy
  • Insolvency
  • Trustee-resignation
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Practice and procedure

Darmali v Chu

Darmali v Chu [2024] FCA 1521

The Federal Court granted stays pending appeal in two related matters, imposed conditions to manage bankruptcy risks, and ordered security for costs against Darmali only.

  • Stay pending appeal
  • Security for costs
  • Freezing orders
  • Equitable compensation
  • Bankruptcy petitions
  • Stay-pending-appeal
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Bankruptcy

Frigger v Trenfield (No 9)

Frigger v Trenfield (No 9) [2024] FCA 1486

The Federal Court ordered costs against unsuccessful bankrupt applicants after dismissing their challenge, including priority for the second respondent under bankruptcy legislation.

  • Costs
  • Trustee in bankruptcy
  • Sequestration orders
  • Annulment of bankruptcy
  • Bankruptcy-costs
  • Sequestration-orders
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.