No Trust
JUSTICE IS COMING...
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Take Steps to Frustrate the Collection of Money
Justice Reeves could not have summed it better below.
To have an officer of the court state in an affidavit that they would declare bankruptcy in the event of a judgment and frustrate the collection of money as a reason not to examine him is mind boggling...
How on earth can the Legal Services Commission tolerate such recalcitrant behaviour ???
Justice Reeves to his credit put him in his place. There is no special law for Tucker FFS...
44. If the liquidators sue me, and I suffer a judgment against me in the sums alleged by the liquidators’ solicitors, or indeed a fraction of those amounts, and it is not covered by insurance, I would not seek to have recourse to the assets of the trusts or superannuation fund described above, but rather I would file for bankruptcy.
45. Nor could I seek to have recourse to the assets of my superannuation fund as the preservation age is 60, and I am currently aged 49, so I cannot draw funds from it for about 11 years.
Justice Reeves
37 Whether or not Mr Tucker is correct in these claims and asserted intentions are matters that the Liquidators will undoubtedly investigate during his examination and, depending on the answers he gives, will weigh up in deciding whether to pursue any proceeding against him.
However, I do not consider these statements can be used to prevent the Liquidators examining him with respect to his ability to meet a judgment in the contemplated proceeding. To do so would be to accede to the startling proposition that an examinee under Part 5.9 could foreclose on this area of examination under that Part by making claims in an application of this kind that the Liquidators will gain nothing by pursuing that area or, if they do succeed to a judgment, that he or she will take steps to frustrate the collection of any monies under that judgment. If that were the position, the examination power under Part 5.9 would be significantly hindered, if not rendered totally nugatory.
http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2017/2017fca0758
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