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ARTICLE · 15 MAY 2007

The Home Is Not Safe

There have been some recent changes to laws in Australia that now arguably make it ineffective to protect your family home from a Trustee in Bankruptcy.

AustraliaInsolvency/Bankruptcy/Re-Structuring
Geoff McDonald
Geoff McDonald

Extract from Press release and interview on Sky News Business Edition on Thursday 1st June 2006

There have been some recent changes to laws in Australia that now arguably make it ineffective to protect your family home from a Trustee in Bankruptcy. You can no longer put the family home in the name of your spouse and expect to keep it if you go broke.

The community, including leaders such as Accountants, should never loose sight of the fact that bankruptcy can happen through no fault of the bankrupt, such as fraud by an employee, or the failure by an important customer to pay their debt.

One of the most extraordinary aspects of new Bankruptcy legislation is that it ignores the contribution of a wife, who stays home and looks after the children, to the finances of the family. The law has been passed by Parliament, despite a number of objections noted below, and commenced on 31 May 2006.

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