Harrison v Lin

The Trustee in Bankruptcy applied to the Federal Court of Australia for an order for vacant possession of a property pursuant to section 30 of the *Bankruptcy Act 1966* (Cth). The respondent, the Bankrupt, did not appear before the Court.

The primary legal issues before the Court were whether the Trustee had complied with the requirements of regulations 6.8 and 36.8 of the *Uniform Civil Procedure Rules 2005* (Cth) concerning the Bankrupt as an occupier of the property, and whether compliance with these regulations should be waived in respect of the Bankrupt's adult daughter, who was also an occupier.

Emmett J found that the Trustee had not strictly complied with the notice requirements of regulations 6.8 and 36.8 of the *Uniform Civil Procedure Rules 2005* (Cth) in relation to the Bankrupt. However, his Honour determined that it was appropriate to waive compliance with these regulations in respect of the Bankrupt's adult daughter, given the circumstances. The Court concluded that a writ of possession should issue.