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GWM Lawyers and ConveyancersAustralian Law Articles - Asset ProtectionShare Property Arrangements in Family Law AustraliaDodging the Debts - sometimes it won't work. Green v. Schneller and Schneller 2002Justice Barrett of the NSW Supreme Court considered an application by Green as against the Schnellers relating to the attempt to transfer by the Schnellers of property from Mrs Schneller to Mr Schneller pursuant to Section 79 of the Family Law Act. It appears that the decision by the Schnellers to transfer the property exclusivly into the name of Mr Schneller occurred following an adverse judgment against Mrs Schneller in proceedings brought in defamation against her by Green. Although Mrs Schneller had transferred the matrimonial home to Mr Schneller under Section 79 by consent order, both Mr & Mrs Schneller continued to live in the matrimonial home with their children. They displayed no apparent intention to separate. Mr Green sought an order under Section 37A of the Conveyancing Act, 1919 NSW. Section 37A deals with alienation of property voidable if made with the intent of defrauding creditors. The Schnellers argued that an order under Section 37A would conflict with the earlier order made under Section 79 of the Family Law Act. Justice Barrett of the NSW Supreme Court considered the applications, Sections 37A and 79, but equally considered Sections 120 and 121 of the Bankruptcy Act 1966, being sections relating to the undervaluing of transactions and transfers designed to purposely defraud creditors. His Honour Justice Barrett found the alienation was a series of steps instigated by the Schnellers. The actions taken by the Local Court, that is the making of the consent orders were not part of the alienation. His Honour Justice Barrett found for Green (the Creditor) and made a ruling that the transfer of the matrimonial home from the wife and husband made under Section 79 of the Family Law Act by consent order was voidable. For advice and assistance in respect of property matters or matters pertaining to insolvency contact Bob Gillroy on (02) 6583 5266.
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