Woods, J.J. & Anor v Woods, A.D. [1995] FCA 133

CATCHWORDS BANKRUPTCY - transfer of properties from bankrupt to wife pursuant to orders made by consent under s.79 of the Family Law Act - whether void against trustee in bankruptcy - whether intent to defraud creditors - relevance of a second intent relevant - whether valuable consideration paid EVIDENCE - hearsay - admissibility of out of court statement of intent made after the time at which speaker's state of mind is relevant to a fact in issue - weight of such evidence if admitted Bankruptcy Act 1966 (Cth) ss 120, 121 Williams v Lloyd [1934] 50 CLR 341 Vocisano v Vocisano [1974] 130 CLR 267 Barton v Deputy Commissioner for Taxation [1974] 131 CLR 370 Barton v Official Receiver [1986] 161 CLR 75 Walton v R [1989] 166 CLR 283 P T Garuda Indonesia Ltd v Grellman [1992] 35 FCR 515 Re Hymans; Official Receiver v Hymans [1970] 19 FLR 232 Noakes v J Harvey Holmes & Son [1979] 37 FLR 5 Re Barnes; Ex parte Stapleton [1962] Qd R 231 Re Holland; Greg v Holland [1902] 2 Ch 360 In re Abbott [1983] 1 Ch 45 Re McInnes; McInnes & anor v Official Receiver Einfeld J, unreported 18 November 1994 Re JOHN JEFFERSON WOODS; PETER DAVID WOODS v ANN DENISE WOODS No. NB 491 of 1994 EINFELD J SYDNEY 22 FEBRUARY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF THE STATE ) No NB 491 of 1994 OF NEW SOUTH WALES ) Re: JOHN JEFFERSON WOODS Bankrupt Ex Parte: PETER DAVID RODGERS Applicant And: ANN DENISE WOODS Respondent MINUTE OF ORDERS 1. The application is dismissed. 2. The applicant to pay the respondent's costs of the application. Note: Settlement and entry of orders are dealt with in accordance with Rule 124 of the Bankruptcy Rules. EINFELD SYDNEY 22 FEBRUARY 1995