Section 37A of the Conveyancing Act 1919 (NSW) remains available to individual creditors to avoid fraudulent alienations even after the transferor has become bankrupt, provided the Trustee in bankruptcy has not taken steps under s 121 of the Bankruptcy Act 1966 (Cth). A creditor who has obtained leave under s 58(3)(b) retains standing as a 'person prejudiced' notwithstanding the sequestration order. Declaratory orders under s 78 of the Family Law Act 1975 do not prevent third-party claims under s 37A. Withdrawal of proceedings for jurisdictional reasons does not create res judicata.
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