Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Weston (Trustee) v Sanna [2019] FCA 32 File numbers: NSD 276 of 2016 NSD 619 of 2016
Judge: MARKOVIC J
Date of judgment: 24 January 2019
Catchwords: BANKRUPTCY – whether the transfers of two properties to the respondent are respectively void against the trustee pursuant to s 120 or, in the alternative, s 121 of the Bankruptcy Act 1966 (Cth) (Act) – whether the bankrupt's main purpose in transferring the properties was to prevent them from becoming divisible among the bankrupt's creditors or to hinder or delay that process – whether the properties would probably have become part of the bankrupt's estate or would be available to creditors if the properties had not been transferred.
Legislation: Bankruptcy Act 1966 (Cth) ss 120, 121 Family Law Act 1975 (Cth) ss 90C, 90K
Cases cited: Official Trustee in Bankruptcy v Alvaro (1996) 66 FCR 372 Official Trustee v Marchiori (1983) 69 FLR 291 Re Jury; Ashton v Prentice (1999) 92 FCR 68 Sheahan (Trustee) in the matter of Frost (Bankrupt) v Frost (No 2) [2011] FCA 686
Dates of hearing: 12, 13, 14 March 2018
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