Abdi and Trustees of the Bankrupt Estate of Abdi

In the Family Court of Australia, Rees J considered an application by the wife seeking orders pursuant to section 79A of the *Family Law Act 1975* (Cth). This application was made in circumstances where previous proceedings had determined that transfers of property by the husband to the wife were void as against the Trustees of the Bankrupt Estate of Abdi, pursuant to sections 120 and 121 of the *Bankruptcy Act 1966* (Cth). The wife's application was filed after the Trustees had obtained orders setting aside the property transfers and requiring the wife to account for proceeds of sale and rent.

The primary legal issue before Rees J was whether the wife's application under section 79A of the *Family Law Act* should be permitted to proceed, particularly in light of the prior determination by Judge Heffernan that the property transfers were void against the Trustees. The court was required to consider the effect of the *Bankruptcy Act* orders on any subsequent family law proceedings concerning the same property.

Rees J reasoned that the wife's application under section 79A was fundamentally flawed because it sought to revisit property division orders that had already been effectively nullified by the *Bankruptcy Act* proceedings. The prior judgment of Judge Heffernan had declared the transfers void, meaning the properties were to be treated as if they remained part of the husband's estate for the benefit of his creditors. Consequently, any attempt to seek further orders under section 79A concerning these properties was an abuse of process, as the court in the bankruptcy proceedings had already made final determinations regarding their disposition. The court noted significant omissions in the wife's application, including a failure to disclose the prior Family Court orders of 30 July 2013 and the bankruptcy proceedings.

The court ordered that the wife's Further Amended Application be accepted for filing, but then dismissed the application pursuant to section 45A of the *Family Law Act*. The respondents' application for costs was reserved to be determined in Chambers, with directions for written submissions.