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Searching Content indexed under Trusts by Corrs Chambers Westgarth ordered by Published Date Descending.
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Title
Country
Organisation
Author
Date
1
Released or not? Informed release required for breaches of trust
A release for breach of trust was ineffective because the beneficiary was not fully informed about the facts of the breach.
Australia
13 Dec 2018
2
Hurry up and wait – Liquidator in holding pattern while Re Amerind decided
The WA Court approved the remuneration, but deferred any decisions about trust distributions until after the High Court.
Australia
16 Jul 2018
3
Re-run of Re Amerind – Part 2: Circulating security interests and circulating assets
Part 2 looks at "circulating assets" and what that means for receivers when handling the property of insolvent companies.
Australia
27 Mar 2018
4
Re-run of Re Amerind - Part 1: The right of indemnity of the insolvent corporate trustee
The corporate trustee's right of indemnity by way of exoneration was property of the company within the meaning of s 433.
Australia
19 Mar 2018
5
A disposition of trust property post-winding up - void or not?
The QCA considered whether a disposition of property by a company after the commencement of its winding up was void.
Australia
4 Dec 2017
6
Trust in the court: Liquidators justified in seeking directions
Liquidators must also take comfort in knowing they are able to have recourse to trust assets to cover costs and expenses.
Australia
30 Oct 2017
7
Distribution of trust assets in a personal insolvency: Same, but different?
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
Australia
23 Oct 2017
8
Federal Government loses out on corporate collapse: The case for legislative reform of the priority regime
This decision confirms the move away from the thinking that the priority regime applies to all assets of a company.
Australia
2 May 2017
9
Australia
26 Mar 2017
10
APRA releases enhanced governance requirements for superannuation trustees
SPS 510 will take effect on 1 July 2017, but APRA expects RSE licensees to consider the guidance in SPS 510 immediately.
Australia
10 Nov 2016
11
Trust me: Liquidators justified in using trust funds to investigate potential claims available to trustee
A Court will consider the best interests of creditors and sanction conduct which may be of advantage to the liquidation.
Australia
8 Nov 2016
12
The best of times, the worst of times: trust assets in liquidations and receiverships
The decision found that the statutory scheme of priority did not apply to realisations from circulating trust assets.
Australia
8 Jun 2016
13
NSW Court finds that section 556 priorities do not apply to trust assets
This NSW liquidation decision may need to be clarified because of its impact on priority creditors such as employees.
Australia
10 Mar 2016
14
APRA RSE governance reforms on hold – for now
RSEs should keep a close eye on future developments from APRA and the Government in this politically-charged reform area.
Australia
28 Dec 2015
15
The power of receivers to administer trust property under a debenture
This recent Federal Court decision clarified the power of receivers to administer trust property under a debenture.
Australia
9 Dec 2014
16
Giving foreign pension funds a fair go - MIT withholding tax changes
Proposed amendments twill allow foreign pension and sovereign wealth funds to access the MIT withholding tax regime.
Australia
9 Nov 2014
17
Clarification of liquidator’s power to sell assets held on trust by company disqualified from acting as trustee
The case provides greater certainty to sell trust assets of a corporate trustee in liquidation without court approval.
Australia
24 Oct 2014
18
Small drafting mistake, big stamp duty cost
Proper drafting of legal documents is very important in a stamp duty context as problems can result in extra duty costs.
Australia
13 Mar 2014
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