Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 36.02

Resignation or release of trustee

(1) This rule applies to:

(a)
an application for acceptance of a trustee's resignation from the office of trustee of an estate; or

(b)
an application for the release of a trustee from the trusteeship of an estate.

(2)
An application must be in accordance with the form of application set out in Part 1 of Schedule 2.

(3)
The application must be accompanied by an affidavit stating the grounds in support of the application.

(4) If the application is for the release of a trustee from the trusteeship of an estate, the application must also be accompanied by:

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

(b)
a copy of the most recent account required under subsection 175 (1) of the Bankruptcy Act.

(5) The application and supporting documents must be served on:

(a)
the Official Receiver; and

(b)
the bankrupt; and

(c)
anyone else (including a creditor) that the Court orders.

(6) If the Court makes the order sought, the trustee must:

(a)
enter the order within 1 day after it is made; and

(b)
give a copy of the order to the Official Receiver for the District in which the order was made within 2 days after it is entered.



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