Section 5EBankruptcy Act 1966 (Cth)

Associated entities: trusts

For the purposes of this Act, a trust is associated with a person if, and only if, the person:

(a) is the settlor, or one of the settlors, of the trust;

(b) has power under the terms of the trust to appoint or remove a trustee of the trust or to vary, or cause to be varied, any of the terms of the trust;

(c) is a trustee of the trust;

(d) is able to control, or to influence materially, the activities of the trustee of the trust;

(e) if a trustee of the trust is a company—is a company officer of the company or otherwise is concerned, or takes part, in the company’s management;

(f) is capable of benefiting under the trust;

(g) is a creditor of the trustee of the trust;

(h) is employed, or is engaged under a contract for services, by the trustee of the trust;

(j) acts as agent for the trustee of the trust in any transaction or dealing; or

(k) gives professional advice to the trustee of the trust.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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