When Is a Contract Claim a Bankrupt’s Claim?

19 October 2016

Law Society Journal

Co-authored by Christina Cavallaro, Senior Associate at Eakin McCaffery Cox Lawyers and Nicholas Simpson, Sydney barrister.

The article examines the recent decision of Berryman v Zurich Australia Ltd [2016] WASC 196 which considered whether a benefit payable pursuant to a bankrupt’s disability insurance policy was divisible amongst his or her creditors and, if so, whether the bankrupt could continue court action in his or her own name to recover that benefit.