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ARTICLE · 11 DECEMBER 2024

Simplifying liquidation involving multiple trusts - have you considered a pooling order?

Pooling orders provide a mechanism that reduces admin burden, enhances efficiency & ensures fairness in dealing with multiple trusts.

AustraliaInsolvency/Bankruptcy/Re-Structuring

Liquidating a trustee company of multiple trusts: How do you effectively get a Pooling Order when you can't get one?

In the complex field of liquidation, liquidators often encounter a myriad of challenging scenarios that can significantly complicate their role.

Recently, we acted for liquidators in a particularly intricate case involving a company which was the trustee for several trusts. The trusts' affairs had been intermingled without proper records to distinguish the assets and liabilities of each trust. It was likely that the trusts also had claims against each other. The lack of clear records left the liquidators facing significant administrative hurdles and legal uncertainties in finalising the affairs of the company and the trusts.

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