The intent to defraud creditors under s 172 of the Property Law Act 1958 (Vic) may be inferred from surrounding circumstances including the timing of asset disposals relative to the debtor's awareness of potential claims, even where the debtor has not yet been confronted with allegations and no creditor is pressing for payment. The absence of collusion between the debtor and transferee is irrelevant. Where the debtor's conduct raises an inference of intent to defeat creditors, the evidentiary onus shifts to the transferee to justify the transfer.
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