30 Jul 2010
OFFICIAL ASSIGNEE V PETRICEVIC HC AK CIV-2009-404-006004
- Citation
- openlaw-2d281d42_e682_43b8_ab69_868a0ee5fc78.pdf
- Court
- High Court
Section 444(3) must be read so that antecedent transactions completed before commencement of the 2006 Act are only cancellable under the 2006 Act if they are the type of transaction that ultimately would have been set aside under the 1967 Act (i.e. beyond the provisional effect of a s 58(1) notice, surviving any s 86 process or expiry and obtaining required court orders); s 444(3) does not apply to ss 211 and 212, but ss 211 and 212 have limited retrospective effect only to the extent they align with comparable provisions in the 1967 Act (eg s 54(3) or other similar provisions)