› where trustee of bankrupt estate seeks declaratory relief and ancillary orders that properties legally owned by the bankrupt vested in the trustee from date of appointment
› where the respondents are the parents of the bankrupt who resist that relief by asserting that the properties were held on trust such that s 116(2)(a) excludes the properties from being divisible amongst creditors
Equity
› where properties were acquired by the bankrupt on the advice and with the assistance of his parents
› where respondents assert the existence of an express, resulting or constructive trust
› whether the relationship between the bankrupt and his parents gives rise to trust
› whether in particular the presumption of advancement applies in the circumstances
Evidence
› where the respondents seek to rely on an unstamped trust deed
› whether s 304 of the Duties Act 1997 (NSW) precludes the Court from receiving the deed into evidence
› whether an undertaking to transmit the deed to the Chief Commissioner of State Revenue and pay any assessed duty is sufficient reason to permit reliance on the deed
Case Details
Citation[2025] FCA 803
CourtFCA
JurisdictionCommonwealth
Decision Date15 July 2025
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