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Rambaldi v Mullins (No 2) [2016] FCA 977

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BANKRUPTCY AND INSOLVENCY - application by trustees in bankruptcy for declarations of entitlement - agreements entered by bankrupt and bankrupt's associate for transfer of interests in business - agreements intended to conceal bankrupt's property AGENCY - whether bankrupt's associate entered agreement for transfer of business as agent for bankrupt - trustees in bankruptcy entitled to enforce rights under agreement TRUSTS AND TRUSTEES - whether bankrupt's associate declared an express trust in respect of monies payable to bankrupt under agreement EVIDENCE - admissibility of transcript of examination pursuant to ss 81(17) and 255 of the Bankruptcy Act 1966 (Cth) HIGH COURT AND FEDERAL COURT - Jurisdiction - exclusive jurisdiction of federal courts in bankruptcy matters - Orders made by Supreme Court of New South Wales declared against the title of the trustees in bankruptcy - Status of orders made without jurisdiction - Orders of a superior court of record are to be observed until appealed or set aside

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