Trading Corporations Under s51(xx).

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)

  1. Is it a trading corporation?

    • 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 a

        commercial 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 of

        trade).

      • -  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.

 

5 pages.

51(xx)

30 pages.

TRADING CORPORATIONS UNDER s51(xx)

 


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