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LexisNexis · 2nd Edition

Trading Trusts Explained

Second Edition

How trading trusts work

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ISBN 9780409358407

About the book

Overview

Trading Trusts Explained 2nd edition is a quick introductory reference that aims to guide the commercial readers through the maze that is the interaction of corporations law and trust law.

This edition of Trading Trusts Explained considers a few significant developments in this area of the law since 2018. One is the decision of the High Court in Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth of Australia. The thrust of that decision is that the priorities set out in the Corporations Act 2001 (Cth) apply when a company in liquidation is the trustee of a trading trust. Another is the Commonwealth Government review, Parliamentary Joint Committee on Corporations and Financial Services into corporate insolvency in Australia. The committee accepted that 'cohesive legislative reform' is warranted.

Features

An accessible introduction to a complex area of Australian commerce

Covers the entire life cycle of a trading trust in many short chapters

Suitable for anyone starting out in practice as a commercial lawyer, an accountant in private practice, or a student completing a practical legal training course on commercial law

Includes a useful chart of companies and trusts often recommended by lawyers and accountants for a trading entity

Provides examples of trust deeds

Comes with a checklist of questions to ask before adopting a trading structure.

Testimonials

  • The text is succinct and focused. Twenty seven chapters in under 200 pages – the basic principles and structure of trusts, why trading trusts have evolved, what purposes they serve, the relevant accounting standards, disputes and mediation, indemnities, creditors’ claims, disqualification of trustees, insolvency, personal liability, powers of sale, remuneration of trustees, and asset protection.

    Michael H Murray