Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 (F2016L00386) - RULE 8.02

Resignation or release of trustee

             (1)  This rules applies to the following applications:

                     (a)  an application for the acceptance under section 180 of the Bankruptcy Act of a trustee's resignation from the office of trustee of an estate;

                     (b)  an application under subsection 183(1) of the Bankruptcy Act for the release of a trustee from the trusteeship of an estate.

             (2)  The application must be accompanied by an affidavit stating the grounds in support of the application.

             (3)  For an application referred to in paragraph (1)(b), the following must be attached to the affidavit:

                     (a)  a statement giving details of the realisation of the bankrupt's property and the distribution of the estate by the trustee;

                     (b)  a copy of the most recent account required under subsection 173(1) of the Bankruptcy Act.

             (4)  The application and supporting affidavit must be served on:

                     (a)  the Official Receiver; and

                     (b)  the bankrupt; and

                     (c)  anyone else (including a creditor) as ordered by the Court.

             (5)  If the Court makes the order sought, and the order is not entered in accordance with Division 39.4 of the Federal Court Rules 2011 at the time the order is made, the trustee must, within 1 day after the order is made, request entry of the order in accordance with that Division.

             (6)  Within 2 days after the order is entered, the trustee must give a copy of the entered order to the Official Receiver.

   



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