- Malcolm Cantor was the sole member of the Cantor Management Superannuation Fund which was established on the 8th of October 2010. Cantor Management Services Pty Ltd (CMS) was the corporate trustee. CMS had a registered office at Doyle Timms Accountants who were the accountants for Mr Cantor and received a BDBN in 2012 in favour of his siblings.
- The executor of Cantor’s Will was his cousin Dr Susan Booth. The matter was on appeal from the supreme court regarding whether the Trustee was bound by the BDBN which she contended that it had not been properly given to the trustee in accordance with the Deed. The BDBN had been delivered to the Doyle Timms Accountants and she had not properly received it. The court held that the BDBN was required to be properly given to the trustee in order for the BDBN to be effective. However, given that the corporate trustee’s registered office was at the accountant’s office, pursuant to section 109X of the Corporations Act which states that,
- “for the purposes of any law, a document may be served on a company by: (a) leaving it at, or posting it to, the company’s registered office” the court held the requirement had been satisfied.
- Whilst any corporate trustees do often have their offices registered at their accountant’s office, it is difficult to say whether the delivery there was a matter of luck or skill, in either case, it would be prudent for practitioners to check the registered office of any corporate trustee by an ASIC Search or otherwise obtain the driver’s licences of individual trustee to ensure proper service.
Leave a Comment Cancel Comment
Search
Latest Post
- Narumon Pty Ltd (2018) QSC 185 March 1, 2022
- Munro v Munro [2015] QSC 61 March 1, 2022
- Ioppolo v Conti [2013] WASC 389 March 1, 2022
Most Commented
- COVID-19 Business Hardship Grant 5 Comments
- Trust Basics 4 Comments
- Interstate Compulsory Procurements 2 Comments
Categories
- Articles (16)
- Uncategorized (13)
Popular Tags
Appointer
Australian Law
BDBN
Beneficiaries
Binding Death Benefit Nomination
business
Business Hardship Grant
Capital Gains Tax
Certainty of Intention
Certainty of Object
Certainty of Subject
cestuis que use
Companies
Corporate Tax Rate
Corporations Act
Court action
COVID
Credits
Default Judgment
Department of Treasury and Finance
District Court
Enforcing Judgements
Enforcing judgment
Family Law Agreement
Family Marginal Tax Rate
Federal Budget
Fund
Letter of Demand
Magistrates Court
Magistrates Court Claim Form
Particulars of Claim
Perry v Nicholson
PPR
Section 102
section 126.15
Section 328_G
Service of Claim
Settlor
Small Business
SMSF
Stamp Duty
Superannuation
Tax reform
tRUST
Trustee
Archives
- March 2024 (2)
- May 2023 (2)
- March 2022 (6)
- February 2022 (6)
- January 2022 (5)
- November 2021 (1)
- October 2021 (1)
- September 2021 (2)
Comments
Superb layout and design, but most of all, concise and helpful information. Great job, site admin. Take a look at my website UQ5 for some […] More...Superb layout and design, but most of all, concise and helpful information. Great job, site admin. Take a look at my website UQ5 for some cool facts about Thai-Massage. Less...