QLDIn ForceAct
Property Law Act 2023
sec.193Disposition with intent to defraud creditor voidable
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### sec.193 Disposition with intent to defraud creditor voidable
A disposition of property by a person (the transferor ) is voidable against the transferor, by a person prejudiced by the disposition, if the transferor made the disposition with intent to defraud the transferor’s creditors.
A disposition is not voidable against the transferor under subsection (1) if the disposition was made to a person who—
became a party to the disposition in good faith; and
at the time when the person became a party, had no notice of the transferor’s intent to defraud the transferor’s creditors; and
provided valuable consideration.
A person whose interests are affected by a disposition of property voidable under subsection (1) may apply to the court for relief against the disposition.
The court may hear and decide the application and make the orders it considers appropriate.
(sec.193-ssec.1) A disposition of property by a person (the transferor ) is voidable against the transferor, by a person prejudiced by the disposition, if the transferor made the disposition with intent to defraud the transferor’s creditors.
(sec.193-ssec.2) A disposition is not voidable against the transferor under subsection (1) if the disposition was made to a person who— became a party to the disposition in good faith; and at the time when the person became a party, had no notice of the transferor’s intent to defraud the transferor’s creditors; and provided valuable consideration.
(sec.193-ssec.3) A person whose interests are affected by a disposition of property voidable under subsection (1) may apply to the court for relief against the disposition.
(sec.193-ssec.4) The court may hear and decide the application and make the orders it considers appropriate.
- (a) became a party to the disposition in good faith; and
- (b) at the time when the person became a party, had no notice of the transferor’s intent to defraud the transferor’s creditors; and
- (c) provided valuable consideration.