Trustees of the Property of Cummins (A Bankrupt) v Cummins

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, HAYNE, HEYDON AND CRENNAN JJTHE TRUSTEES OF THE PROPERTY OFJOHN DANIEL CUMMINS, A BANKRUPT   APPELLANTSANDMARY ELIZABETH CUMMINS AND ANOR  RESPONDENTSThe Trustees of the Property of John Daniel Cummins, A Bankruptv Cummins [2006] HCA 67 March 2006S286/2005ORDER1.        Appeal allowed with costs.2.        Set aside the orders of the Full Court of the Federal Court of Australia      made on 30 July 2004 and, in their place, order that the appeal to that           Court be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentation:B A J Coles QC with C R C Newlinds SC and P Kulevski for the appellants (instructed by Clayton Utz)W Sofronoff QC with M A Ashhurst for the respondents (instructed by Russell and Company)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSThe Trustees of the Property of John Daniel Cummins A Bankrupt v CumminsBankruptcy − Transfer to defeat creditors − Main purpose − Bankrupt transferred interest in matrimonial property to first respondent wife and transferred shares to second respondent − Whether evidence sufficient to permit inference that bankrupt's main purpose in transferring assets was to defeat or delay creditors − Whether main purpose of transfers to protect assets against future professional negligence suits − Whether transfer of assets void against trustee in bankruptcy − Bankruptcy Act 1966 (Cth), s 121(1)(b).Evidence − Judicial notice − Bankrupt, a Queen's Counsel who maintained two sets of chambers, failed to lodge tax returns for about...