shopping_cart

Your shopping cart is empty

Holding on to your treasure: bankruptcy and the implications for asset protection paper

Member Price: $57.00
Non Member Price: $75.00

DisclaimerThis material is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 07 Oct 06 by VICTORIAN DIVISION, THE TAX INSTITUTE

In today’s business world superior enemies often come from unexpected quarters and this particularly applies when insolvency laws have not been adequately addressed when structures have been established. For example in recent years there has been a concerted push by Government to broaden the claw back provisions upon bankruptcy. In this paper we closely examine how these new provisions operate, the planning issues that necessarily arise, opportunities for good structural defence and associated issues including:

  • the extent of the Bankruptcy Act claw back provisions
  • the operation of the Bankruptcy Legislation Amendment (Anti-avoidance) Act 2006
  • implications of the recent High Court decision in Cummins case
  • an analysis of how specific structures may be subject to challenge by bankruptcy trustees.

Author profile

Michael Lhuede
Photo of author, Michael LHUEDE Michael specialises in corporate and personal insolvency law. Michael acts for Australia's leading banks and secured lenders and for liquidators,administrators and receivers advising in all aspects of corporate insolvency and workouts. He has also conducted some of Australia’s most complex bankruptcy cases. Michael regularly advises boards and directors of listed and unlisted companies in relation to their duties upon insolvency and the restructuring of financially stressed businesses. For the past four years Michael has been named in "Best Lawyers •Australia" in the Insolvency and Reorganisation category, being named Best Lawyer •Victoria for that category in 2012. He is a member of the Insolvency Practitioners Association of Australia and of the Insolvency & Reconstruction Committee of the Law Council of Australia and the co-author of a chapter of Personal Property Securities in Australia published by Lexis Nexis. - Current at 27 July 2012
Click here to expand/collapse more articles by Michael LHUEDE.

 

This was presented at 45th Victorian State Convention: Finding buried treasure .

Get a 20% discount when you buy all the items from this event.

Individual sessions

Superannuation - not so simple

Author(s):  Kim COWIE,  Bernie O'SULLIVAN

Materials from this session:

Digging for gold in black holes: Black hole expenditure - what's fixed and what isn't?

Author(s):  Tim NEILSON

Materials from this session:

Drawing a treasure map - tax in 5 to 10 years

Author(s):  Neil A WARREN

Materials from this session:

CGT Rollovers: restructuring for the top end

Author(s):  Richard CZERWIK,  Stephen CARPENTER

Materials from this session:

Restructuring for SMEs

Author(s):  Michael SELTH,  Michael JONES

Materials from this session:

Navigating through corporate restructuring tax provisions

Author(s):  Michael CLOUGH,  Daniel SNYDER

Materials from this session:

Tax issues for property developers, one-off builders and developers

Author(s):  Lachlan R WOLFERS

Materials from this session:

CGT small business concessions - selected issues

Author(s):  Ron JORGENSEN,  Daniel SMEDLEY

Materials from this session:

Latest remuneration strategies

Author(s):  Elizabeth LUCAS

Materials from this session:

HWI audits: the long and winding road

Author(s):  Paul SOKOLOWSKI

Materials from this session:

Intellectual property: traps & opportunities

Author(s):  Anthony BRADICA

Materials from this session:

International tax - there's treasure buried all over the world

Author(s):  Liam COLLINS

Materials from this session:

Managing risks in a tax audit: the tax man cometh

Author(s):  Michael BERSTEN

Materials from this session:

New land tax and stamp duty issues and planning techniques

Author(s):  Zoe CHUNG

Materials from this session:

Consolidation...unfinished business

Author(s):  Michelle DE NIESE

Materials from this session:

The pending taxation of financial arrangements regime - practical analysis

Author(s):  Ken SPENCE,  Simon HAINES,  Enzo COIA

Materials from this session:

Holding on to your treasure: bankruptcy and the implications for asset protection

Author(s):  Michael LHUEDE

Materials from this session:

Winning treasure from the courts - treatment of compensation payments and damages awards

Author(s):  Michael HINES

Materials from this session:

The 'ins' and 'outs' of testamentary trusts

Author(s):  Bruce COOK

Materials from this session:

Exploring new waters - emerging trust issues

Author(s):  Graeme HALPERIN

Materials from this session:

Tax Practice 2006

Author(s):  Chris WALLIS,  Keith JAMES,  Neil EARLE

Materials from this session:

Further details about this event:

 

Copyright Statement