Rambaldi v Mullins (No 2) [2016] FCA 977

FEDERAL COURT OF AUSTRALIA

Rambaldi v Mullins (No 2) [2016] FCA 977 File number: VID 193 of 2014

Judge: MURPHY J

Date of judgment: 22 August 2016

Catchwords: BANKRUPTCY AND INSOLVENCY – application by trustees in bankruptcy for declarations of entitlement - agreements entered by bankrupt and bankrupt's associate for transfer of interests in business – agreements intended to conceal bankrupt's property AGENCY – whether bankrupt's associate entered agreement for transfer of business as agent for bankrupt – trustees in bankruptcy entitled to enforce rights under agreement TRUSTS AND TRUSTEES – whether bankrupt's associate declared an express trust in respect of monies payable to bankrupt under agreement EVIDENCE – admissibility of transcript of examination pursuant to ss 81(17) and 255 of the Bankruptcy Act 1966 (Cth) HIGH COURT AND FEDERAL COURT – Jurisdiction – exclusive jurisdiction of federal courts in bankruptcy matters – Orders made by Supreme Court of New South Wales declared against the title of the trustees in bankruptcy – Status of orders made without jurisdiction – Orders of a superior court of record are to be observed until appealed or set aside

Legislation: Bankruptcy Act 1966 (Cth) Bankruptcy Legislation Amendment (Anti-avoidance) Act 2006 (Cth) Defamation Act 2005 (NSW) Evidence Act 1995 (Cth) NSW Trustee and Guardian Act 2009 (NSW) Probate and Administration Act 1898 (NSW)