Coronavirus (COVID-19) updates from the Australian Government

Clarifying the treatment of trusts under insolvency law

13 days left to have your say
Consultation Type
Consultation Paper

Key Documents

As part of the 2021-22 Budget, the Government committed to consulting on clarifying the treatment of corporate trusts under insolvency law.

Australia’s current corporate insolvency regime does not expressly cover how companies which structure themselves through a trust, or businesses which have a corporate trustee (‘corporate trusts’), are to be dealt with during insolvency. Corporate trusts are commonly used by small businesses.

The Government is seeking stakeholder views on whether the treatment of corporate trusts in Australia’s insolvency law needs to be clarified. Input is also sought on the benefits this could deliver and how any new framework might operate.


You can submit responses to this consultation up until 10 December 2021. Interested parties are invited to comment on this consultation.

While submissions may be lodged electronically or by post, electronic lodgement is preferred. For accessibility reasons, please submit responses sent via email in a Word or RTF format. An additional PDF version may also be submitted.

All information (including name and address details) contained in submissions will be made available to the public on the Treasury website unless you indicate that you would like all or part of your submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like part of their submission to remain in confidence should provide this information marked as such in a separate attachment.

Legal requirements, such as those imposed by the Freedom of Information Act 1982, may affect the confidentiality of your submission.

View our submission guidelines for further information.

How To Respond



Address written submissions to:

Market Conduct Division
Langton Cres
Parkes ACT 2600