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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My x -wife (who resides in Thailand) was sent some moniesas

Customer Question

Hello
JA: Hello. What seems to be the problem?
Customer: My x -wife (who resides in Thailand) was sent some moniesas per our Divorce Settlement. The monies were sent from a Corporate Trustee that is now in liquidation. Unknown to me the monies sent were recorded on the Trust's account's as "a loan" There was never a loan agreement entered into by my x-wife. The liquidator is now trying to claw back said monies. Do we have a strong defense that due to no loan agreement being entered into that they cannot claim there is a loan outstanding?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: QLD
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 days ago.
Category: Australia Law
Expert:  Leon replied 10 days ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 10 days ago.

Good Afternoon

Do you have evidence that it was not a loan?

Where is the liquidator in Australia?

Are they trying to get it back from your ex wife or you?

Does she have any assets in australia?

Customer: replied 10 days ago.
Do you have evidence that it was not a loan?WE entered into a Divorce settlement that was ratified by the Australian Family Court so I maintain it was part of this settlement. The accountant that prepared the accounts for some reason recorded it as a loanWhere is the liquidator in Australia? yesAre they trying to get it back from your ex wife or you?
x-wife
Does she have any assets in australia?
no
Expert:  Leon replied 10 days ago.

Good Afternoon

The settlement I understand.

I assume you were the director of the Corporate Trustee?

Can the accountant clarify that it was not a loan? Also was it also reflected in the Tax Returns of the trust as a loan?

It is going to be very hard for the liquidator to get the money from your ex wife in Thailand as the courts here do not have the power to order her to return the money and enforce that order in Thailand.

As she does not have assets here they will have to try and get the money form thailand and it it not going to be easy.

Customer: replied 10 days ago.
No I was not a Director at the time of the transaction
Re accountant an tax return I don't have that that information at this stage
Customer: replied 10 days ago.
Surely the fact that there was no loan agreement executed makes matters difficult for a liquidator?
Expert:  Leon replied 10 days ago.

Good Afternoon

An agreement can be verbal. Many companies have loans from directors with no agreement.

The characterisation in the paperwork is what they go by. Unless you can show that it has been an error and that the money was not a loan and under the orders she was beneficially entitled they will keep trying to claw it back.

The director of the corporate trustee can also give evidence.