Is it a constitutional corporation?
Which tests to use: Activities test as per Adamson Case 1979, unless it has not begun or barely begun its business then look to the purpose test (State Superannuation Board, 1982). (*Note if the corp has only existed for small amount of time probably discuss both, also always only look at activities post incorporation)
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Is it a trading corporation?
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What is trade: (ask is the corp trading?)
- - Barwick CJ (Adamson’s Case, 1979): Trade is not confined to dealing ingoods or commodities. You should look to if the activities are of acommercial nature.
- - Mason J (Adamson’s Case, 1979): The concept of trading extends to businessactivities carried on with the view of earning revenue (this is suggestive oftrade).
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- French CJ, Bell, Kiefel, Keane, Nettle (missing one) (Queensland Rail,
2015): You do not have to operate as a profit-making enterprise to be a trading corporation.
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