We are often approached by clients or accountants with problems relating to their trusts – sometimes the deed has been lost or damaged, or the trust was established some time ago and the terms need to be updated. An issue that has become increasingly common in recent years (particularly following the GFC) is that where a trustee company goes into liquidation or has been deregistered. This can become quite a complex issue to resolve, particularly when the trust owns real property, or when the trust is a self managed superannuation fund. This issue was also recently considered by the Queensland Court of Appeal in Thorne Developments Pty Ltd v Thorne & Anor  QCA 63 (Thorne).
There are a variety of issues that need to be considered, preferably before you sign a contract. By speaking to an expert business lawyer, you can save significant stress and financial hardship, by ensuring that you get what you pay for, and in the most effective way.
At Ballantyne Law Group, we often talk about the importance of properly structuring a business. One factor that often prevents small businesses from restructuring is the capital gains tax consequences on the transfer of assets.
One of the more overlooked aspects of a new investment, whether it be a new business, property or other commercial investment, is structuring.