The evolving body of case law across a range of areas including bankruptcy, liquidation, director obligations, creditor and employee rights and family law means it is an appropriate time to re-evaluate whether existing asset protection strategies continue to be fit for purpose, including enabling the holders to pass the assets on to the next generation.
This session highlighted the key asset protection considerations when considering how assets are structured including the impact of:
- Gift and loan-back strategies in recognition of recent case law guidance
- Asset protection available in superannuation funds
- The use of particular trading entities such as companies to optimise asset protection; and
- Strategically protecting specific asset such as land rather than seeking to protect all assets.