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The collapse of several high profile managed investment schemes including Trio Capital and Rubicon Asset Management, have resulted in a series of Court rulings on the liquidation of schemes. Whilst these cases provide useful guidance on the mechanism of winding up schemes, they also highlight the onerous responsibilities imposed on responsible entities (REs) of an insolvent scheme.

Business assets and family trusts may be considered in a property settlement, depending on ownership, control and financial arrangements. Business owners can take proactive steps to protect their interests through Binding Financial Agreements, clear corporate governance and shareholder agreements.