Aston v Barnet in Her Capacity as the Trustee of the Property of Aston

The applicant, Mr Aston, sought judicial review of a decision made by the respondent, Barnet, in her capacity as the trustee of the property of Aston, to issue a contribution assessment. The matter came before Judge Altobelli in the Federal Court of Australia.

The central legal issue before the Court was whether the trustee's decision to issue the contribution assessment was valid and lawful, and consequently, whether the application to set aside that assessment should be granted.

Judge Altobelli dismissed the application, finding that the trustee had acted within her powers in issuing the contribution assessment. The Court applied the principles of bankruptcy law, which permit a trustee to assess and demand contributions from a bankrupt towards the costs of administering the bankrupt's estate, provided certain conditions are met. The Court was satisfied that these conditions had been satisfied in this instance.

The application filed on 23 November 2018 was dismissed, and the applicant was ordered to pay the respondent's costs, either as agreed or as assessed.