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Hot Issues
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ATO clears up FAQs about Single Touch Payroll
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GST reporting: common errors and how to correct them
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LRBAs, guarantees in need of review after property market falls
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Victorian Property Valuation Cycle
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Australia - toward EOFY 2019
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Australian Taxation Office (ATO) expects 200,000 to miss out on refunds by failing to lodge
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Biggest personal tax cuts in a decade a priority for Government
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Government rules out GST changes following ATO report
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ATO issues warning after ‘unprecedented’ spike in impersonation scams
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Crypto transactions in ATO sights with new data-matching program
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Government to establish $2 billion fund for small business lending
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Small business corporate tax rates Bill is now law
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ATO to double rental deduction audits to 4,500
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ATO set to issue excess super contribution determinations
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How's Australia going as we approach the election?
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Single Touch Payroll (STP) is compulsory for all small businesses.
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Federal Budget 2019 - Overview
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How the 2019 Federal Budget affects you
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FBT Reminder – Odometer Reading
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‘Big awareness push’ underway as STP deadline approaches
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GST collection on overseas goods at 300% of forecasts
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The problem with getting to 53 years of age.
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Lost Beneficiaries
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New quarterly STP reporting method for closely held payees revealed
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Some Australian figures to help on Budget night.
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Employers hit with rolling SG audits as ATO toughens stance
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Resources to help understand and implement Single Touch Payroll (STP)
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Big fines, prison on the cards as new SG penalties introduced
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Extra website resources and tools is one way we offer you and your family more.
Article archive
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Quarter 1 January - March 2019
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Quarter 4 October - December 2018
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Quarter 3 July - September 2018
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Quarter 2 April - June 2018
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Quarter 1 January - March 2018
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Quarter 4 October - December 2017
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Quarter 3 July - September 2017
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Quarter 2 April - June 2017
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Quarter 1 January - March 2017
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Quarter 4 October - December 2016
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Quarter 3 July - September 2016
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Quarter 2 April - June 2016
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Quarter 1 January - March 2016
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Quarter 4 October - December 2015
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Quarter 3 July - September 2015
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Quarter 2 April - June 2015
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Quarter 1 January - March 2015
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Quarter 4 October - December 2014
Quarter 1 of, 2015 archive
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ATO states estimates are acceptable
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Hockey considers super access for first time home buyers
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Reportable Fringe Benefit Amount - Employer Reporting
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Simple Mistake on Share Transfer
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ATO highlights billions in forgotten super
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In a bankruptcy what does a trustee do?
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Bankruptcies, what are they?
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SMSF trustees unprepared for new collectibles rules
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We wish all our clients a Merry Christmas, a Happy New Year and a restful holiday
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Employee Christmas Parties and Gifts – Any FBT?
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Breaking down the latest ATO determination on TRIS
In a bankruptcy what does a trustee do?

 

A trustee in bankruptcy has extensive powers to act in the place of the debtor and deal with the creditors.

       

The trustee is authorised to exercise all of the rights and powers that the bankrupt would have had if they had not become bankrupt plus some additional recovery powers that come into existence on the commencement of the bankruptcy.  The trustee can sell assets, complete transactions, investigate transactions and recover preferential payments made within the previous six months.

The trustee does investigate the affairs of the bankrupt and others under oath.  They have an obligation to realise the assets and make appropriate recoveries and ultimately report to creditors.  They may seek further funding from creditors particularly if there are suspicious transactions and there are insufficient funds from the bankrupt.  

Ultimately they finalise the distribution of available funds to creditors.  They are required to report offences to the Australian Financial Security Authority.

Anyone who has been a creditor of a bankrupt will know that the distributions are very often nil or quite small and either there were few assets to start with or the fees of the trustee are significant.  Investigations are time consuming particularly if the debtor is unwilling to assist or is evasive and secretive.  Even if the debtor is honest, there is little motive to assist the trustee.