Nguyen v Corbett (No 2)

In the case of Nguyen v Corbett (No 2), the plaintiff sought to transfer property under the Conveyancing Act 1919 (NSW), s 37A, where the value of the property could exceed the claims of creditors. This followed a decision to set aside consent property adjustment orders under the Family Law Act 1975 (Cth), s 79A. The defendants opposed the application, arguing that the form of the orders was inappropriate and that the court lacked jurisdiction to make the orders sought. The dispute was heard in the Family Court of Australia.

The central legal issues revolved around the form and effect of orders made under the Conveyancing Act 1919 (NSW), s 37A in the context of a transfer of Torrens Title land where the value may exceed creditors' claims. Additionally, the court had to determine the appropriate form for a fresh application for property adjustment orders under the Family Law Act 1975 (Cth), s 79A and the proper procedure for staying the enforcement of orders made under the Conveyancing Act 1919 (NSW), s 37A.

The court held that the orders made under the Conveyancing Act 1919 (NSW), s 37A were valid and enforceable, and the defendants' arguments about the form of the orders were without merit. The court found that the Family Court had jurisdiction to make the orders sought and that the appropriate form for a fresh application for property adjustment orders under the Family Law Act 1975 (Cth), s 79A was one that complied with the procedural requirements of the Act. The court also held that the proper procedure for staying the enforcement of orders under the Conveyancing Act 1919 (NSW), s 37A was to make an appropriate order under the Act.

The court made orders appointing a receiver and manager of the property, directing the sale of the property, and setting aside the previous consent property adjustment orders. The court also made orders for the payment of costs.