trusts
The business structures of SMEs
A recent article in the Australian Business Law Review – Not in isolation: The Rationale for a Combination of Business ...
Anti-money laundering laws to be improved, including registers of beneficial owners
The 2023 budget has allocated funds for action on Anti‐Money Laundering and Counter‐Terrorism Financing (AML) laws, including a beneficial ownership ...
Boensch v Pascoe – High Court’s decision
The seven member bench of the High Court which heard Boensch v Pascoe on 11 October 2019 has unanimously dismissed ...
A trustee’s interest in a bankrupt’s interest in trust property – Boensch v Pascoe
A seven member bench of the High Court was convened for the hearing in Boensch v Pascoe on 11 October ...
Bankrupt trustees coming before the High Court
While the focus of the High Court’s trust law decision in Carter Holt[1] is in the context of corporate insolvency, ...
Uniformity in corporate law – the High Court’s grant of special leave in Amerind
A comment in the Victorian Court of Appeal (VCA) decision in Amerind may not have found favour with Justice Gageler ...
The reform of the intersection of trust and insolvency law – Killarnee
Once the trustee and insolvency lawyers have explained the law about the insolvency of trading trusts in the decision in ...
One ship has berthed – the insolvency and trust law decision in Amerind
The Victorian Court of Appeal has resolved, for the moment, the complex issue of how a corporate trustee’s right of ...
Amerind and Killarnee – ships in convoy, or on a collision course?
Over 35 years ago, a Judge said that if a liquidator winding up a trustee company were to lose out ...
Challenges to trusts by bankruptcy trustees – New Zealand law reform
A recent change to the New Zealand Insolvency Act 2006 (Schedule 1, new para (x)) has given power to the ...
Liquidator’s remuneration approved, and power of sale confirmed
In yet another decision on remuneration, and the power of a liquidator to sell trust assets to recoup that remuneration, a ...
Trusts and liquidators’ rights of indemnity – whose decision is “universally regarded as incorrect?”
In determining that liquidators had a right of indemnity, and priority, over trust property for payment of their remuneration and ...
A lack of trust in the law of trusts
Joint liquidators had to apply to the court be appointed as receivers and managers of property held by them as ...
