BANKRUPTCY - disclaimer of real property by trustees in bankruptcy pursuant to s 133(1) of the Bankruptcy Act 1966 (Cth) - mortgagee Bank making an application under s 133(9) to have property vested in it to enable it to recover its debt - consideration of the ability of a trustee in bankruptcy to disclaim legal title to real property which is not vested in it - consideration of the effect of escheat to the Crown on the continuing enforceability of a pre-existing mortgage - consideration of whether the effect of the escheat was to destroy the fee simple interest such that the mortgage no longer attached to any relevant interest - consideration of the manner in which the fee simple becomes vested in the Crown separately rather than absorbed into its superior interest
PRACTICE AND PROCEDURE - whether all necessary parties are before the court - consideration of whether caveator is required to be served - conclusion that caveat has lapsed
PRACTICE AND PROCEDURE - Land Title Practice Manual (Queensland) - Administrative Advices - recording a notification of action on title for the commencement of proceedings
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