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Bankruptcy and Debt Recovery
Does someone owe you money or do you owe someone money? Speak to us, we can work with you from the start of your matter right to the very end in the recovery of your debt either in the Local Court of New South Wales, District Court of New South Wales or the Supreme Court of New South Wales.
We can also act on your behalf either to make someone bankrupt or to help you defend bankruptcy proceedings in the Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division 2).
For Trustees in Bankruptcy, we can advise on all aspects with respect to the administration of a bankrupt estate, possession proceedings, s66G proceedings including whether property as defined in s5 of the Bankruptcy Act, 1966 is vested property, Family Law proceedings where one of the parties is a bankrupt and the Trustee is joined as a party to the proceedings; annulments, advising on Proofs of Debt, voidable transactions under s120/121 of the Bankruptcy Act, preferences claims and all matters pursuant to the Bankruptcy Act, 1966.
For a snap shot at some of the recent cases where we have acted for Trustees in Bankruptcy please click on the following links:-
Kimber v Clark in his capacity as trustee of the property of Kimber [2023] FCA 310 (31 March 2023)
Kimber v Clark in his capacity as trustee of the property of Kimber [2022] FCA 177 (8 February 2022)
Clark and Aravanis in their capacity as joint and several trustees of the property of Kimber v Owners Corporation SP48216 (No 2) [2021] FedCFamC2G 62 (7 September 2021)
Boensch v Somerville Legal Pty Ltd [2020] FCA 645 (14 May 2020)
Charan v Commonwealth Bank of Australia [2020] NSWCA 13
Charan v Commonwealth Bank of Australia [2019] NSWSC 1245 (23 September 2019)
Hankin & Anor & Nankervis [2018] FCCA 2075 (2 August 2018)
Gleeson & Ors v Charan (No.2) [2018] FCCA 439 (23 February 2018)
Gleeson & Ors v Charan [2018] FCCA 426 (20 February 2018)
Charan v Commonwealth Bank of Australia [2017] NSWCA 209 (16 August 2017)
Gleeson v Jones [2017] FCCA 2483 (20 October 2017)
Charan v Commonwealth Bank of Australia [2017] NSWSC 616 (12 May 2017)
Gleeson (Trustee) v Khoury [2016] FCCA 1263 (12 May 2016)
Family Law Services
There are many complex issues in the realm of the family law Courts, which require careful consideration and understanding. In particular the intersection of family law and bankruptcy law, which often results in a myriad of intricate issues and considerations not only for Trustees in Bankruptcy, but also for the non-bankrupt spouse or partner. At Daniela Fazio Lawyers Pty Ltd, we aim to use our specialist bankruptcy knowledge together with an economic, commercial yet firm approach, to reach a commercial outcome not only for the Trustees in Bankruptcy to ensure that they are fulfilling their statutory duties but also for the non-bankrupt spouse so that they can move forward in their lives and start afresh.
Our firm also acts on family law matters where there is no bankruptcy element involved.
The breakdown of any relationship is a difficult time no matter the circumstances. Whether it’s an amicable divorce, bankruptcy, a disagreement about child support or parenting arrangements, renegotiation of orders to suit new circumstances or a complex parenting and/or property dispute, we strive to provide trusted advice and guidance throughout the legal process.
Having represented both Trustees in Bankruptcy and Liquidators as well as parties to the relationship in varying family law matters, we understand the importance of resolving matters in an efficient, amicable, and cost-effective way, and where possible, without the intervention of the Courts. We provide advice and assistance in relation to:
the complex intersection of bankruptcy and family law;
alteration of property interests (property settlement proceedings);
parenting matters including relocation outside of Australia;
divorce applications;
contravention applications.
As every matter and circumstance is different, we tailor our approach to your unique situation with an emphasis on providing objective, realistic advice, and by working as a team with you, we can assist you in finalising your matter as quickly as possible.
For a snapshot of the recent cases where we have acted for Trustees in Bankruptcy/lay parents in the family law jurisdiction see: -
Baillieu & Baillieu and Ors [2019] FamCA 683 (24 September 2019)