Pursuing & Defending Claims by Trustees in Bankruptcy2024-10-14T14:23:08+00:00

pursuing and defending claims by trustees in bankruptcy

Every Move Matters

Litigation Lawyers Sunshine Coast

Every – Move – matters

pursing & Defending claims
by Trustees in Bankruptcy

Engaging in bankruptcy proceedings be a profoundly stressful period, impacting both personal wellbeing and professional stability. Whether you are a trustee seeking to recover assets for a bankrupt estate or an individual or entity defending against a trustee’s claim, it is imperative to seek experienced legal advice to navigate the intricate and often challenging landscape of bankruptcy proceedings.

At Axia Litigation Lawyers, we offer the expertise and guidance you need during these critical times. Our team is composed of leading litigation lawyers, whose decades of experience in insolvency and bankruptcy matters position Axia as a leader in the field. We provide assertive, informed advice to both trustees and defendants navigating the complexities of bankruptcy, ensuring they are robustly represented and equipped with actionable guidance.

Our priority is safeguarding our clients’ interests—whether that involves maximising recoveries for a bankrupt estate or defending personal and business assets against claims. Our goal is to deliver strategic, comprehensive legal support, alleviating the burdens of bankruptcy proceedings.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support

Every – Move – matters

pursing & Defending claims
by Trustees in Bankruptcy

Engaging in bankruptcy proceedings be a profoundly stressful period, impacting both personal wellbeing and professional stability. Whether you are a trustee seeking to recover assets for a bankrupt estate or an individual or entity defending against a trustee’s claim, it is imperative to seek experienced legal advice to navigate the intricate and often challenging landscape of bankruptcy proceedings.

At Axia Litigation Lawyers, we offer the expertise and guidance you need during these critical times. Our team is composed of leading litigation lawyers, whose decades of experience in insolvency and bankruptcy matters position Axia as a leader in the field. We provide assertive, informed advice to both trustees and defendants navigating the complexities of bankruptcy, ensuring they are robustly represented and equipped with actionable guidance.

Our priority is safeguarding our clients’ interests—whether that involves maximising recoveries for a bankrupt estate or defending personal and business assets against claims. Our goal is to deliver strategic, comprehensive legal support, alleviating the burdens of bankruptcy proceedings.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support
Defend Estate Claims

Strategically counter claims against the bankrupt estate.

Navigate Insolvency Laws

Expert guidance through bankruptcy legislation.

Maximise Creditor Returns

Efficient asset management for optimal creditor reimbursement.

Bankruptcy Claim Analysis

Assess claims for strategic legal response.

Every – Move – Matters

How Axia Can Help Defend Against Claims By Trustees

At Axia Litigation Lawyers, we understand that every case involving a trustee in bankruptcy is distinct. We offer customised legal services tailored to meet the specific needs of our clients, ensuring full compliance with Queensland and Australian law. Here’s how we can support you:

Axia’s legal team conducts a meticulous evaluation of the trustee’s claims to ascertain their legal merit and advise on the robustness of your defence. We scrutinise the evidence and apply our legal expertise to determine the most advantageous approach to challenging the trustee’s position.

Axia provides targeted legal advice to individuals and entities facing claims by trustees in bankruptcy. We offer a thorough interpretation of the legal implications of the trustee’s claims and the defences available under both the Bankruptcy Act 1966 (Cth) and Queensland law. Our advice is crucial in formulating a robust defence, ensuring you are informed of your rights and the potential avenues for challenging the trustee’s actions.

We craft bespoke defence strategies aimed at safeguarding your assets, questioning the trustee’s entitlement to recover certain properties, and disputing the validity of claims. Our strategic defence is designed to align with your specific circumstances and legal rights.

Axia advocates on your behalf in negotiations and mediation, aiming to settle disputes efficiently and avoid the financial and emotional toll of litigation. Our negotiation skills are leveraged to achieve outcomes that are in your best interest while preserving your assets.

Axia prioritises asset protection measures to minimise exposure to risk and safeguard personal and business assets from trustee claims. Our legal counsel is grounded in a thorough understanding of asset protection within the framework of bankruptcy law.

Where appropriate, Axia can move to have orders set aside or varied, providing a legal pathway to challenge decisions that adversely affect you. We meticulously prepare applications, presenting compelling arguments for the reconsideration of orders.

We facilitate effective liaison with trustees, ensuring transparent and equitable dealings. Axia’s involvement ensures that your perspective is fully represented and that any claims are addressed with due process and fairness.

Axia can represent and guide you through settlement conferences, negotiating diligently for a resolution that addresses the trustee’s claims fairly. Our experienced negotiators combine strategic communication with legal expertise to protect your interests, seeking a settlement that reduces liability and safeguards assets, thereby circumventing the unpredictability and expense of court proceedings.

In the event of litigation, Axia offers tenacious court representation to contest the trustee’s claims. Our experienced litigators are committed to defending your position, drawing on a deep understanding of insolvency and bankruptcy law.

  • Assessment of Claims

  • Legal Advice For Defence

  • Strategic Defence

  • Negotiation and Mediation

  • Asset Protection

  • Setting Aside Orders

  • Liaising with Trustees

  • Settlement Conferences

  • Representation in Court

Assessment of Claims
Axia's legal team conducts a meticulous evaluation of the trustee's claims to ascertain their legal merit and advise on the robustness of your defence. We scrutinise the evidence and apply our legal expertise to determine the most advantageous approach to challenging the trustee's position.
Legal Advice For Defence
Axia provides targeted legal advice to individuals and entities facing claims by trustees in bankruptcy. We offer a thorough interpretation of the legal implications of the trustee's claims and the defences available under both the Bankruptcy Act 1966 (Cth) and Queensland law. Our advice is crucial in formulating a robust defence, ensuring you are informed of your rights and the potential avenues for challenging the trustee's actions.
Strategic Defence
We craft bespoke defence strategies aimed at safeguarding your assets, questioning the trustee's entitlement to recover certain properties, and disputing the validity of claims. Our strategic defence is designed to align with your specific circumstances and legal rights.
Negotiation and Mediation
Axia advocates on your behalf in negotiations and mediation, aiming to settle disputes efficiently and avoid the financial and emotional toll of litigation. Our negotiation skills are leveraged to achieve outcomes that are in your best interest while preserving your assets.
Asset Protection
Axia prioritises asset protection measures to minimise exposure to risk and safeguard personal and business assets from trustee claims. Our legal counsel is grounded in a thorough understanding of asset protection within the framework of bankruptcy law.
Setting Aside Orders
Where appropriate, Axia can move to have orders set aside or varied, providing a legal pathway to challenge decisions that adversely affect you. We meticulously prepare applications, presenting compelling arguments for the reconsideration of orders.
Liaising with Trustees
We facilitate effective liaison with trustees, ensuring transparent and equitable dealings. Axia's involvement ensures that your perspective is fully represented and that any claims are addressed with due process and fairness.
Settlement Conferences
Axia can represent and guide you through settlement conferences, negotiating diligently for a resolution that addresses the trustee’s claims fairly. Our experienced negotiators combine strategic communication with legal expertise to protect your interests, seeking a settlement that reduces liability and safeguards assets, thereby circumventing the unpredictability and expense of court proceedings.
Representation in Court
In the event of litigation, Axia offers tenacious court representation to contest the trustee's claims. Our experienced litigators are committed to defending your position, drawing on a deep understanding of insolvency and bankruptcy law.
Legal Advice & Advisory Service
Axia delivers expert legal advice, equipping trustees with current insights into bankruptcy law and its impact on the estate. We clarify complex legal provisions and counsel on the trustee's powers under the Bankruptcy Act 1966 (Cth) and Queensland legislation. Our advice is crucial for trustees to effectively manage the estate and fulfil their fiduciary responsibilities.
Strategic Advice
Separate from our legal advice, Axia offers strategic advice to trustees, focusing on the practical application of their legal rights in the formulation and execution of a bespoke action plan. Our strategic advice is tailored to the unique circumstances of each bankruptcy case, ensuring that trustees are equipped with a clear, actionable strategy that prioritizes asset recovery and maximizes returns for creditors.
Asset Tracing and Recovery
At Axia, we employ strategic legal mechanisms to identify and secure assets for the bankrupt estate, including pursuing third parties who may hold property of the estate. Our expertise extends to tracing assets concealed or disposed of in an attempt to defraud creditors, ensuring that all recoverable assets are returned to the estate for the benefit of creditors.
Legal Proceedings
Our firm is adept at initiating and conducting legal proceedings to challenge transactions that may deplete the bankrupt estate. By invoking provisions under the Bankruptcy Act 1966 (Cth), we work to set aside transactions that are preferential, undervalued, or fraudulent, thus preserving the integrity of the estate.
Bankruptcy Examinations
Axia's rigorous examination process is designed to meticulously investigate the bankrupt's financial conduct and uncover hidden assets. We leverage our legal acumen to compel truthful disclosure from the bankrupt and associated parties, thereby revealing critical information that can lead to asset recovery.
Negotiations & Settlements
Our lawyers are proficient in the art of negotiation, crafting settlements that protect the estate's interests and maximise returns for creditors. We engage with debtors and third parties to negotiate favourable outcomes that align with the estate's objectives.
Court Representation
In court, Axia provides tenacious representation, advocating for the trustee's rights and pursuing the most advantageous results in asset recovery proceedings. Our litigation strategies are tailored to each case, ensuring the trustee's position is presented with compelling authority.
Creditor Communications
Axia facilitates effective communication between the trustee and creditors, ensuring that the distribution of assets is conducted equitably and transparently. Our involvement streamlines the process, fostering cooperation and understanding among all parties involved.
Compliance & Reporting
We guide trustees in adhering to their statutory obligations, including the meticulous reporting to creditors and regulatory bodies such as the Australian Financial Security Authority (AFSA). Axia's oversight ensures compliance with legal requirements and the maintenance of high professional standards throughout the bankruptcy process.

Every – Move – Matters

How Axia Can Help Trustees Pursue Claims

At Axia Litigation Lawyers, we provide a wide range of services designed to support Trustees in pursuing claims with confidence and efficiency. Leveraging our deep expertise and strategic mindset, we thoroughly explore every potential avenue for asset recovery, ensuring optimal outcomes for creditors. Here’s how we can assist in each key area:

Axia delivers expert legal advice, equipping trustees with current insights into bankruptcy law and its impact on the estate. We clarify complex legal provisions and counsel on the trustee’s powers under the Bankruptcy Act 1966 (Cth) and Queensland legislation. Our advice is crucial for trustees to effectively manage the estate and fulfil their fiduciary responsibilities.

Separate from our legal advice, Axia offers strategic advice to trustees, focusing on the practical application of their legal rights in the formulation and execution of a bespoke action plan. Our strategic advice is tailored to the unique circumstances of each bankruptcy case, ensuring that trustees are equipped with a clear, actionable strategy that prioritizes asset recovery and maximizes returns for creditors.

At Axia, we employ strategic legal mechanisms to identify and secure assets for the bankrupt estate, including pursuing third parties who may hold property of the estate. Our expertise extends to tracing assets concealed or disposed of in an attempt to defraud creditors, ensuring that all recoverable assets are returned to the estate for the benefit of creditors.

Our firm is adept at initiating and conducting legal proceedings to challenge transactions that may deplete the bankrupt estate. By invoking provisions under the Bankruptcy Act 1966 (Cth), we work to set aside transactions that are preferential, undervalued, or fraudulent, thus preserving the integrity of the estate.

Axia’s rigorous examination process is designed to meticulously investigate the bankrupt’s financial conduct and uncover hidden assets. We leverage our legal acumen to compel truthful disclosure from the bankrupt and associated parties, thereby revealing critical information that can lead to asset recovery.

Our lawyers are proficient in the art of negotiation, crafting settlements that protect the estate’s interests and maximise returns for creditors. We engage with debtors and third parties to negotiate favourable outcomes that align with the estate’s objectives.

In court, Axia provides tenacious representation, advocating for the trustee’s rights and pursuing the most advantageous results in asset recovery proceedings. Our litigation strategies are tailored to each case, ensuring the trustee’s position is presented with compelling authority.

Axia facilitates effective communication between the trustee and creditors, ensuring that the distribution of assets is conducted equitably and transparently. Our involvement streamlines the process, fostering cooperation and understanding among all parties involved.

We guide trustees in adhering to their statutory obligations, including the meticulous reporting to creditors and regulatory bodies such as the Australian Financial Security Authority (AFSA). Axia’s oversight ensures compliance with legal requirements and the maintenance of high professional standards throughout the bankruptcy process.
  • Legal Advice & Advisory Service

  • Strategic Advice

  • Asset Tracing and Recovery

  • Legal Proceedings

  • Bankruptcy Examinations

  • Negotiations & Settlements

  • Court Representation

  • Creditor Communications

  • Compliance & Reporting

EVERY MOVE MATTERS

Over 75 Years of Combined Experience

Meet Our Expert Team

Axia Litigation Lawyers provide exceptional service and peace of mind for their clients. Based on the Sunshine Coast, Queensland, the Axia team services clients throughout Australia and abroad.

Adam Brown

Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation and Dispute Resolution for over…..

Deneil Brown, Chief Operating Officer, Axia Litigation Lawyers
Deneil Brown

Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across practice management, accounts and paralegal…

Nakita Brown, Senior Associate, Axia Litigation Lawyers
Nakita Brown

Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge to the table. She spent her early career…

Shane Ulyatt, Senior Associate, Axia Litigation Lawyers
Shane Ulyatt

Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly handles a broad spectrum of legal matters…

Sam nelson

Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes, commercial and retail shop lease matters ….

Adam Brown
Adam Brown
Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation…..

Deneil Brown
Deneil Brown
Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across…

Nakita Brown
Nakita Brown
Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge…

Shane Ulyatt
Shane Ulyatt
Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly…

Sam Nelson
Sam Nelson
Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes…

Frequently Asked Questions About Pursuing and Defending claims by a trustee

A trustee in bankruptcy is a person or entity appointed to administer the bankrupt estate. Their main responsibilities include identifying, collecting, and selling the bankrupt individual’s assets to repay creditors, investigating the bankrupt’s financial affairs, and ensuring that the distribution of assets is done fairly and in accordance with the Bankruptcy Act 1966 (Cth).

A trustee can pursue claims to recover assets or money that should be part of the bankrupt estate. This may involve voiding certain transactions, such as undervalued transfers or preferential payments made before bankruptcy, and recovering those assets for the benefit of creditors. Trustees have powers under the Bankruptcy Act 1966 (Cth) to investigate and take legal action if necessary to recover assets.

If you receive a notice from a trustee, it’s important to seek legal advice immediately. The notice may relate to a claim for asset recovery, preferential payments, or an investigation of the bankrupt estate. Responding promptly and seeking guidance can help protect your legal rights and ensure you comply with the requirements of the notice.

Yes, trustees can claim the bankrupt individual’s interest in jointly owned property. This means that if a bankrupt person owns property jointly with another person, the trustee may force the sale of the property or seek payment equivalent to the bankrupt’s share to satisfy creditors. The non-bankrupt co-owner may have options to prevent a forced sale by negotiating with the trustee.

Yes, if a trustee believes that assets were transferred to family members to avoid creditors, they may pursue legal action to recover those assets. This is common in cases where transactions are considered to be undervalued or where the family member was a party to a transaction made to defeat creditors. The trustee must prove the intent behind the transfer.

A bankrupt individual may challenge certain actions of the trustee by applying to the court for a review of the trustee’s decision or conduct. However, they must provide sufficient grounds for the challenge, such as a breach of statutory duties.

Under Australian law, trustees generally have six years from the date of bankruptcy to pursue claims such as recovering preferential payments or voiding transactions. However, this time limit can vary depending on the type of claim and whether any extensions are granted by the court.

Yes, it is possible to negotiate a settlement with a trustee in bankruptcy. Trustees are often willing to negotiate to save the costs of litigation, but any settlement must benefit the creditors. Having legal representation is important to ensure your interests are adequately protected during negotiations.

While not always required, it is often prudent for a trustee in bankruptcy to seek the input or approval of creditors, particularly for significant claims or settlements, to ensure transparency and alignment with the creditors’ interests.

If a trustee in bankruptcy neglects to pursue a claim that could have benefited the estate, they may be subject to criticism or action by creditors or the Inspector-General in Bankruptcy for failing to fulfil their duties.

The trustee may seek to have the transaction set aside if it falls within the categories of voidable transactions under the Bankruptcy Act, such as undervalued transactions or transfers to defeat creditors. The trustee must file an application with the court to obtain an order for recovery.

The limitation period for a trustee in bankruptcy to pursue claims is governed by the Bankruptcy Act 1966 (Cth) and relevant state legislation. For example, actions for recovery of preferential payments must generally be commenced within six years of the bankruptcy’s commencement.

Defences to a claim of preferential payment may include arguing that the payment was made in the ordinary course of business, without the intent to prefer the creditor, or that the trustee has exceeded the statutory time limit for recovery.

Yes, a trustee in bankruptcy can initiate legal proceedings against third parties if it is deemed to be in the best interests of the creditors. Such actions may include recovery of assets or compensation for wrongful acts that have diminished the value of the bankrupt estate.

If a trustee believes that an asset was transferred to you to avoid it being part of the bankrupt estate, they may attempt to void the transaction. You can defend the claim by proving that the transfer was made in good faith, for fair value, and without knowledge of the impending bankruptcy. Trustees typically have two to five years to void such transactions, depending on the circumstances.

Please note that the information provided in these FAQs is general in nature and is not intended as legal advice. For guidance specific to your specific situation, we recommend consulting with one of our qualified legal professionals.

Every – Move – Matters

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