Federal Court of Australia
Federal Court of Australia
Kirk as trustee of the Property of Smith (a Bankrupt) v Smith [2024] FCA 240 File number(s): QUD 117 of 2021
Judgment of: COLLIER J
Date of judgment: 15 March 2024
Catchwords: BANKRUPTCY – where bankrupt entered into a complex series of transactions concerning his property and property of his businesses - application seeking declaration that transfers of property from bankrupt to wife void under ss 120, 121 and 128B Bankruptcy Act 1966 (Cth) – whether constructive trust arose where wife received proceeds of sale of properties in excess of 50% - whether loan agreement was a "sham" – whether transfer of bankrupt's superannuation funds was property divisible among creditors – s 116 Bankruptcy Act - intention to defeat or delay creditors conceded – cross-claim to set aside s 139ZQ Notice
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 116, 120, 121, 122, 128B, 139ZQ, 139ZS Corporations Act 2001 (Cth) Pt 5.3A Family Law Act 1975 (Cth) Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules 2011 (Cth) r 30.11 Land Title Act 1994 (Qld)
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