Recovering assets for and from a bankrupt’s estate and trusts: Recent case update

Introduction

  • There are a number of different ways that assets can be recovered from or for a bankrupt‘s estate or trust.

  • This paper is intended to provide:

    • a recap of some of the common actions available for recovery and relevant defences or exclusions;

    • an update in respect of the ability to utilise these through an examination of three cases determined in 2023; and

    • an outline of issues for consideration when dealing with a claim for recovery, often by a bankruptcy trustee, or defending such a claim.

  • This paper supplements a presentation given for Legalwise in March 2024 and is not intended to recount all of the law and its nuances in this area. It’s aim is to highlight matters for those facing or intending to bring recovery claims involving bankrupt estates or trusts.

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Paper - Recovering assets for and from a bankrupt’s estate and trusts: Recent case update
Presentation - Recovering assets from a bankrupt’s estate and trusts: recent case update

Should you have any queries in respect of this article please contact:

Alicia Hill
Principal
T: +61 3 9611 0180 | M: +61 484 313 865
E: ahill@sladen.com.au

Alicia Hill