Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Charan v Gleeson [2012] FCA 236 Citation: Charan v Gleeson [2012] FCA 236
Appeal from: Gleeson v Charan & Anor [2011] FMCA 729
Parties: USHA WATI CHARAN and PRABHAKAR CHARAN v BRUCE GLEESON
File number: NSD 1761 of 2011
Judge: MCKERRACHER J
Date of judgment: 16 March 2012
Catchwords: BANKRUPTCY – appeal against Federal Magistrate's decision that transfer of property from son to his parents was void against the Trustee – held that Federal Magistrate entitled to reasonably infer from circumstances that the son was or was about to become insolvent and that the main purpose of the transfer was to defeat creditors – insufficient evidence from parents to rebut presumption of advancement or rely on defence of an equity of exoneration PRACTICE AND PROCEDURE – whether it was appropriate for affidavit evidence of Trustee to be taken without his being available for cross-examination – reasonable explanation for why Trustee was unavailable – held that appellate courts must exercise caution in interfering with discretionary exercises of a primary judge's discretionary rulings on matters of practice and procedure
Legislation: Bankruptcy Act 1966 (Cth) ss 120, 121
Cases cited: Adam P Brown Male Fashions Pty Limited v Philip Morris Inc (1981) 148 CLR 170 Charan v Gleeson [2010] FMCA 703 Nelson v Nelson (1995) 184 CLR 538 Re Will of FB Gilbert (Dec'd) (1946) 46 SR (NSW) 318
Date of hearing: 16 February 2012
Date of last submissions: 28 February 2012
Place: Sydney (via Video Link to Perth)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate