Somerset Ryckmans acted for Mrs Karin Elisabeth McMillan in respect of an appeal of the judgment in the court below being: Warner (Trustee), in the matter of McMillan (Bankrupt) v McMillan [2020] FCA 1759 .

The primary judge had found that a transfer of a property to our client, by our client’s husband, was void pursuant to s 121 of the Act on the basis that the purpose in effecting the transfer was either to prevent the property becoming divisible among his creditors or to hinder or delay the process of making that property available for division among his creditors.

Somerset Ryckmans was successful in appealing the decision whereby the Full Court fund that the primary judge erred in finding that the main purpose of Mr McMillan in making the Property Transfer was, in substance, to prevent, hinder or delay the Strathfield property from becoming divisible among his creditors.

The outcome resulting in the appeal being allowed and the respondent to pay our client’s costs of the appeal.

Link to the judgment is here:

McMillan v Warner (Trustee) [2022] FCAFC 20

McMillan v Warner (Trustee) [2022] FCAFC 20