Penny Thew and Lucas Shipway will give insights into freezing the assets of an insolvent debtor for the purpose of accessing those assets to satisfy a judgment. Recent decisions of the Full Court of the Federal Court of Australia have helpfully affirmed that a liberal construction is to be given to section 37A of the Conveyancing Act 1919 (NSW), under which alienations of property by debtors with an intent to defraud creditors are voidable. The CPD will look at the Courts’ broad approach to what constitutes an alienation of property and the conduct from which inferences of intent to defraud can be drawn, and how this broad approach can assist when recovering debts.
Practical advice will also be given as to when it is appropriate to approach a court for a freezing order or similar relief (such as a caveat) and how to gather and present the evidence needed to succeed.
1 point in Professional Skills or Substantive Law.
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