The session will explore the interaction of set-off under the Corporations Act 2001 (Cth) and at general law and equity in insolvency. Specifically, it will examine whether s 553C of the Corporations Act exclusively governs set-off in insolvency, excluding any...
No, you don’t have money in the bank. And not just because you spent it all. What you actually have is a chose in action between banker and customer. Unless of course your bank consists of little more than a locked box in which to store your loot. Foley v Hill...
This is the sign you were waiting for to come to Tax Training! For the last 2 years the overarching theme has been trust distributions and the nature of a beneficiary’s interest in a trust. For now we have explored the matters of interest. Therefore we will be...
Today we explored whether a separate trust had been established under Oswal. Â Notwithstanding the occurrence of CGT Event E1 the Court does not appear to have held that there is a separate for trust law purposes. Â This accords with the famous paragraph 48 in Buckle...
After a long and interesting discussion on fungibles, money and absolute entitlements we have yet to complete Oswal. Therefore we will continue on again in this week’s tax training led by Dr Campbell Rankine.  Required Reading: Oswal Mind Map – Oswal v C of T...
After an interesting series of tangential discussions on what constitutes a new trust Dr Campbell Rankine will again lead the discussion on Oswal and when a new trust is created, settled or resettled. We will continue our discussion on present entitlement, absolute...
