Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sheahan (Trustee) in the matter of Frost (Bankrupt) v Frost [2011] FCA 356 Citation: Sheahan (Trustee) in the matter of Frost (Bankrupt) v Frost [2011] FCA 356
Parties: JOHN SHEAHAN (TRUSTEE OF THE BANKRUPT ESTATE OF ALLEN GORDON FROST) v ALLEN GORDON FROST and PAUL ANTHONY RICHARDSON
File number: SAD 185 of 2009
Judge: MANSFIELD J
Date of judgment: 13 April 2011
Catchwords: BANKRUPTCY – whether the transfer of property was void pursuant to s 121 of the Bankruptcy Act 1966 (Cth) – where the act of transfer of property was the granting of two mortgages over a matrimonial home alleged to secure payment of legal fees incurred or to be incurred – whether the transferor at the time of the grant of the mortgages was, or about to become, insolvent– whether the property was held absolutely or on trust
Legislation: Bankruptcy Act 1966 (Cth) s 121 Bankruptcy Legislation Amendment (Anti-avoidance) Act 2006 (Cth) Legal Practitioners Act 1981 (SA) s 41 Law of Property Act 1936 (SA) s 29(1)(b)
Cases cited: Pastro v Official Trustee in Bankruptcy [2000] FCA 744 cited Re Jury; Ashton v Prentiss (1999) 92 FCR 68 considered Prentiss v Cummins (2002) 124 FCR 67 considered Re Williams; Williams v Lloyd (1934) 50 CLR 341 cited Equuscorp Pty Ltd v Manuel Jimenez [2002] SASR 225 cited S v P [2006] 35 Fam LR 88 cited
Date of hearing: 2, 3, 4 and 5 August 2010
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