The Official Trustee in Bankruptcy v. Alvaro, G. & Ors [1994] FCA 809

CATCHWORDS

BANKRUPTCY - income tax evasion - discretionary family trusts established by debtor - whether disposition of property to trustee of trusts - whether intent to defraud creditors - dispositions several years before creditor's claim apparent - whether retained benefit by debtor ~- contribution to son's

purchase of property - gift - whether disposition of property

Official Trustee v Paul Alvaro Nos SB 240 and 241 of 1991

~4 NOV 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

Re: Giuseppe Alvaro and Girolama Alvaro ex parte: The Official Trustee in Bankruptcy

(No. SB 1305 of 1990)

Judge: Heerey J Date: 31 October 1994 Place: Melbourne (heard in Adelaide)

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIAN DISTRICT REGISTRY

BANKRUPTCY DISTRICT OF THE STATE

) ) GENERAL DIVISION ) No. SB 1305 of 1990 ) OF SOUTH AUSTRALIA )

BETWEE N:

RE: THE BANKRUPT ESTATE OF GIUSEPPE ALVARO

—

Ex Parte:

THE OFFICIAL TRUSTEE IN BANK-

RUPTCY

Applicant and GIUSEPPE ALVARO, GIROLAMA

ALVARO, PAUL ALVARO, CARMINE ALVARO, COMBRAN PTY LTD, RITA ALVARO and MARIA CONCETTA ALVARO

Respondents JUDGE = Heerey J DATE ; 31 October 1994 PLACE: Melbourne (heard in Adelaide)

MINUTE OF ORDER

The Court orders the application be dismissed with costs

including reserved costs.

NOTE: Settlement and entry of -orders is dealt with in Order 36 of the Federal Court Rules

IN _THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIAN DISTRICT REGISTRY

BANKRUPTCY DISTRICT OF THE STATE

) ) GENERAL DIVISION ) No. SB 1305 of 1990 ) OF SOUTH AUSTRALIA )

BETWEE Ns: