By and -

Key decisions

  • Saklani & Valder [2023] FedCFamC1A 163
  • MacKinnon & Talbot [2023] FedCFamC1A 156
  • Samaras & Allen (No 3) [2023] FedCFamC1F 787
  • Rubra & Potter [2023] FedCFamC1A 159


Husband and wife unsuccessfully appeal s 79A order to repay third party creditor from proceeds of sale – creditor remained a ‘person affected’ despite husband’s discharge from bankruptcy

In Saklani & Valder [2023] FedCFamC1A 163 (22 September 2023), the Full Court (Aldridge, Jarrett & Strum JJ) heard an appeal against property orders made by Christie J.

The husband and wife entered into consent orders in November 2013, but the orders did not mention NSW Supreme Court proceedings against the husband by a third-party creditor.

After obtaining leave to do so, the creditor commenced section 79A proceedings which resulted in the consent orders being set aside and orders for the sale of real property.

On appeal, the husband and wife argued the husband’s bankruptcy and subsequent discharge terminated the creditor’s rights.

Aldridge J said (from [182]):

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