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Bankruptcy and the implications for asset protection paper
Published on 24 Nov 06 by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA
How do we assist clients to protect the wealth we help them generate? In recent years there has been a concerted push to enable assets to be recovered in bankruptcies. This paper will examine:
- using trusts to optimise asset protective structures
- competing issues when designing asset protection for clients
- implications of the High Court decision in Cummins’ case and proposed anti-avoidance provisions
- use of international trust structures for asset protection.
Author profile
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
This was presented at 14th National Tax Intensive Retreat: Trusts Under the Microscope .
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Trusts revisited
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Small business CGT concessions and related trust issues
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Workshop 1: CGT small business concessions
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Trust distributions
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Testamentary trusts: not just 'another' trust
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Amending trust deeds
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Workshop 2: Trust distributions, testamentary trusts and amending trust deeds
Author(s): Andrew NoolanMaterials from this session:
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Bankruptcy and the implications for asset protection
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International trusts
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