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Remedies against avoidance of a just division of matrimonial property through the use of family trusts and other devices by B.A. Gibson

By: Gibson, B.A | Victoria University of Wellington, Law Faculty.
Publisher: Wellington, New Zealand Victoria University of Wellington 1997Description: 53 p. 30 cm.Subject(s): TRUSTS | PROPERTY | New Zealand. Family Proceedings Act 1980 | New Zealand. Matrimonial Property Act 1976 | TRUSTS | Family companies | Family law
Contents:
Introduction ; Family trusts and s182 of the Family Proceedings Act 1980 ; Family trusts - Is a constructive trust argument available to the non-controlling spouse? ; The ancillary powers of the Matrimonial Property Act 1976 and family trusts ; Family trusts - the Australian approach ; Utilisation of the Trustee Act 1956 and trust law ; The anti-avoidance provisions of the Act - section 44 ; Control of family companies - is the Matrimonial Property Act effective? ; Section 21 - the legislative attempt to avoid an unjust division ; The need for reform ; Conclusion
Summary: Discusses the need for a comprehensive review of the 1976 Matrimonial Property Act, with particular focus on the anti-avoidance provisions and the discretionary provisions in respect of family trusts created by section 182 of the 1980 Family Proceedings Act.
Item type Home library Call number Status Date due Barcode Item reserves
Book Book New Zealand
LIBA025 WIC-04121 361 REM (Browse shelf) Available CA001006
Total reserves: 0

Introduction ; Family trusts and s182 of the Family Proceedings Act 1980 ; Family trusts - Is a constructive trust argument available to the non-controlling spouse? ; The ancillary powers of the Matrimonial Property Act 1976 and family trusts ; Family trusts - the Australian approach ; Utilisation of the Trustee Act 1956 and trust law ; The anti-avoidance provisions of the Act - section 44 ; Control of family companies - is the Matrimonial Property Act effective? ; Section 21 - the legislative attempt to avoid an unjust division ; The need for reform ; Conclusion

Discusses the need for a comprehensive review of the 1976 Matrimonial Property Act, with particular focus on the anti-avoidance provisions and the discretionary provisions in respect of family trusts created by section 182 of the 1980 Family Proceedings Act.

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