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Commissioner of Taxation v Lane  FCAFC 184 – Application of priority regime (ss108 and 109 Bankruptcy Act) to distribution of sale of assets of trust – payments to trust creditors – preference recovery proceeds non-trust assets?
The recent full Federal Court decision of Commissioner of Taxation v Lane  FCAFC 184 revisits the issue of the right of exoneration of a trustee from trust assets for liabilities incurred for the trust and the distribution of any amounts recovered. This case dealt with a trustee which carried on a business through a trust structure and non-trust related activities.
Author: Chao Ni, Principal From 1 July 2021, employees in Victoria will have available at their disposal an additional method in which they can ‘prosecute’ their employer for underpayment of wages (or entitlements) under the new Wage Theft Act 2020 (Vic) (the Act). See our earlier article on the new criminal offences that are created…
In our recent article ‘Test Cases to Decide Insurance Liability in Backdrop of Covid-19’, we discussed the test cases initiated before the Australian Courts regarding the liability of Business Interruption (BI) insurance providers in light of COVID.
We can now report some further developments.
The recent decision of Barre v Barre  FamCA 101 explores the complicating effect bankruptcy may on Family Court proceedings in the context of enforcing a Binding Financial Agreement
The recent decision of Barre v Barre  FamCA 101 explores the complicating effect bankruptcy may have on otherwise on Family Court proceedings in the context of enforcing a Binding Financial Agreement.