Jacky Campbell, accredited Family Law specialist and a consultant editor of ours, has presented a webinar as part of Knowledge Week 2016. Here are the webinar recording for your reference. Simply input your details to access the recording.
This article is a part of the series, providing you the key details of the following cases:
- Hall v Hall (2016) – High Court on spousal maintenance and financial resources
- Elford & Elford (2016) – Lottery win during a relationship
- Saintclaire & Saintclaire (2015) – Latest developments in financial agreement cases
- Grainger & Bloomfield and Anor (2015) – Bankruptcy and setting aside financial agreements
- Farnell & Anor and Chanbua (2016) – The “baby Gammy” case dealing with commercial surrogacy. What happened to baby Pipah?
Grainger & Bloomfield and Anor
In Official Trustee in Bankruptcy & Galanis  FamCA 832, Justice Rees found that the trustee in bankruptcy of a discharged bankrupt did not have standing under s 90K(1)(aa) FLA to apply to set aside a financial agreement made subsequent to the bankrupt’s discharge. Even if the husband was still bankrupt, Rees J’s interpretation of s 90K(1)(aa) meant that the outcome would have been the same. The trustee appealed. An application for the hearing of the appeal to be expedited was dismissed in Official Trustee in Bankruptcy & Galanis  FamCAFC 212.
In Grainger & Bloomfield the Full Court considered similar issues. The creditor, Ms Bloomfield, sought to set aside a financial agreement. Did she have standing? Section 90K(1)(aa) refers to creditors. The Full Court found Ms Bloomfield had standing to apply to set aside the agreement under the Family Law Act despite the bankruptcy. Interestingly, trustees in bankruptcy do not have standing, and must presumably rely upon their rights under the Bankruptcy Act 1966.
There may be implications for s 75(2)(ha) in property settlement and maintenance applications as that section refers to “creditors” and not to trustees in bankruptcy.