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Trading Trusts Explained

Trading Trusts Explained

Agardy, P, 2017

Available Formats

Format ISBN Price
Book 9780409347746 $104.00
eBook 9780409347753 $104.00

Standard delivery for this title is between 7-10 business days

A practical reference for lawyers, accountants and finance professionals


Format: Paperback


Trading Trusts Explained, explains the trading trust has been popular in Australia as a business structure for some decades due to perceived flexibility and tax advantages. The process involved in creating and maintaining a trading trust can be complex, and it is important that lawyers, accountants and other professionals providing business advice are across the relevant issues. Particular difficulties arise when there are disputes between participants or when the trading entity becomes insolvent. Trading Trusts Explained is a concise and accessible reference for busy practitioners and includes insightful commentary on the general principles and offers practical guidance.



• Clear and concise discussion
• Written by an expert in the field
• Includes deed precedents and practical checklist


Related Titles

D’Angelo, Commercial Trusts, 2014
Heydon & Leeming, Jacob’s Law of Trusts in Australia 8th edition, 2016
Heydon, Leeming & Turner, Meagher, Gummow & Lehane’s Equity: Doctrines and Remedies 5th edition, 2014


Peter Agardy (B.Comm, LL.M) is a barrister practising in the areas of insolvency, commercial disputes and mediation. He is well known for his insolvency expertise and has acted regularly for trustees in bankruptcy, liquidators, receivers, creditors and company administrators. He is a member of, and former national chairman of, the Insolvency and Reconstruction Committee of the Law Council of Australia, and a member of the Editorial Boards of the Insolvency Law Journal and the Insolvency Law Bulletin.

Table of Contents

1 Introduction
2 Typical structure
3 Establishing the structure
4 Basic principles
5 Advantages and disadvantages
6 The growth of trading trusts
7 Control without ownership
8 Tax treatment
9 Existence of a trust
10 Accounting
11 Dispute
12 Mediation
13 Indemnity from trust assets
14 Indemnity from beneficiaries
15 Creditors’ right of subrogation of right of indemnity
16 Exclusion of the right of indemnity
17 Disqualification of trustees
18 Company winding up
19 Winding up a trust
20 Replacement of a trustee
21 Appointment of a receiver
22 Challenging a trustee
23 Personal liability of directors of trustee companies
24 Asset protection
25 Procedure
26 Trustee’s power of sale
27 Remuneration
28 Conclusion




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