Dealing with trusts under family law

Due to the very broad definition of property in the FLA, the Family Court has a much wider ability to deal with trust property than the courts dealing with other regimes, for example, bankruptcy. Property held by a trust may be treated as the property of the parties or as the sole financial resource of one party. In coming to a decision, the court will examine issues such as who has control of the trust as outlined in the trust deeds.

See Dealing with trusts under family law.