by Jacky Campbell | Jan 14, 2013 | Bankruptcy and insolvency
The recent High Court decision of Stanford v Stanford (2012) FLC 93-518 has possible implications for trustees in bankruptcy involved in or contemplating property proceedings under s 79 Family Law Act (“the Act)”. The facts of the case and its general implications are...
by Jacky Campbell | Feb 17, 2015 | Bankruptcy and insolvency
Background Before 2005 trustees and non-bankrupt spouses were often engaged in races to commence or complete litigation in different courts. The Bankruptcy and Family Law Legislation Amendment Act 2005 (“the 2005 Act”) applies to bankruptcies for which the...
by Jacky Campbell | Mar 14, 2015 | Bankruptcy and insolvency
The High Court decision of Stanford v Stanford[1] has implications for trustees in bankruptcy and non-bankrupt spouses who are parties to property proceedings under s 79 Family Law Act (“FLA”). This paper explores some of the possibilities, challenges and...
by Jacky Campbell | Apr 24, 2016 | Bankruptcy and insolvency
Trustees in bankruptcy are often pessimistic about how they will fare in proceedings under s 79 Family Law Act 1975 (“FLA”). The recent case of Grainger & Bloomfield[1] is likely to increase this pessimism. The impact of s 75(2) in the determination of...
by Jacky Campbell | Apr 24, 2016 | Bankruptcy and insolvency, Financial agreements
The Full Court of the Family Court of Australia in Grainger & Bloomfield[1] considered the standing of a creditor to apply to set aside a financial agreement after the debtor spouse became a bankrupt. Shortly prior to the bankruptcy, the bankrupt spouse...
by Jacky Campbell | Oct 21, 2019 | Bankruptcy and insolvency, Topic
1. Introduction Why is this paper called “The Micawber principles”? Mr Micawber, in Charles Dickens’ David Copperfield is the eternal optimist. His famous phrase “Something will turn up” is probably reflective of why many people end up bankrupt. Judge Driver, in a...
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