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  • Article

    Trustees must take care when investing trust funds: a cautionary tale from the life of Crocodile Dundee

    A trustee owes a duty of care to its beneficiaries to ensure that an investment is both prudent and as safe as possible.
    AustraliaCorporate/Commercial Law
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Family law property settlements and trusts

    In family law matters, there is often a dispute about whether trust assets are available for division between parties.
    AustraliaFamily and Matrimonial
    HHG Legal Group
    HHG Legal Group
Article

Testamentary Trust – What is it and should you use one as part of your succession plan

One of the most powerful modern estate planning strategy is the use of a testamentary trust in your Will.
AustraliaFamily and Matrimonial
Pointon Partners
Pointon Partners
  • Article

    Re Marsella – Appeal Court affirms original decision in SMSF death benefit payment decision

    These decisions are useful reminders on what an SMSF trustee must do when exercising discretion to pay a death benefit.
    AustraliaFinance and Banking
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    The proposed Australian corporate collective investment vehicle (CCIV)

    An important factor in the success of the new CCIV is to make it an attractive alternative to the existing MIS regime.
    AustraliaFinance and Banking
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Corporate trustees, priority creditors and PPSA registrations: one case, three insolvency issues

    The Supreme Court of Victoria has gone some way to solidify a consistent trend in three important insolvency principles.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    DibbsBarker
    DibbsBarker
  • Article

    Trust me: Liquidators justified in using trust funds to investigate potential claims available to trustee

    A Court will consider the best interests of creditors and sanction conduct which may be of advantage to the liquidation.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Fixed or not? Are unit trusts fixed trusts and the new ATO safe harbours in PCG 2016/16

    Most unit trusts are 'fixed trusts' because unitholders do not have a 'fixed entitlement' to income and capital.
    AustraliaTax
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Victorian State Revenue Office Case Alert – Section 36A Discretionary Trust to Beneficiary Duty Transfer Exemption Refused

    Summary of VCAT's recent decision - why the exemption in s36A was found not to apply & key issues to look out for in such transfers.
    AustraliaTax
    PCL Lawyers
    PCL Lawyers
  • Article

    Federal Court case supports ATO position on trust splitting - so what are my other options?

    As trust splitting is likely to give rise to adverse tax consequences, it could be necessary to consider other options.
    AustraliaTax
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Business Succession Factsheet: SMSFs and Borrowing: A guide to investing in real property through your SMSF

    This factsheet looks at the limited recourse borrowing arrangements that can be used by SMSFs to invest in an asset.
    AustraliaCorporate/Commercial Law
    HopgoodGanim
    HopgoodGanim
  • Article

    It Depends – Is my company a Special Purpose Super Trustee Company?

    Transcript & link to video discussing whether your company is a special purpose superannuation trustee company.
    AustraliaCorporate/Commercial Law
    Cooper Grace Ward
    Cooper Grace Ward
  • Video

    It depends – Trust vesting

    Transcript & link to video - from 1/8/25, Qld trusts may vest after 125 years, but deed terms & legal steps determine if extension is possible.
    AustraliaCorporate/Commercial Law
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    "My partner left his binding death benefit to me, but the superannuation trustee won't hand it over" – which case won?

    Supreme Court of NSW involved a binding death benefit nomination and a superannuation trustee.
    AustraliaCorporate/Commercial Law
    Stacks Law Firm
    Stacks Law Firm
  • Article

    The problem with discretionary trusts and payroll tax – and do we now have a silver bullet?

    Discretionary trusts can be caught up in payroll tax groups – even where the trusts are not carrying on a business.
    AustraliaCorporate/Commercial Law
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    SMSF death benefit challenged – Supreme Court to decide validity of reversionary pension and binding death benefit nomination

    The outcome of a recent case (where Cooper Grace Ward acted for the trustee) will have wide implications for SMSFs.
    AustraliaFamily and Matrimonial
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Bankruptcy law update: The loan agreement created a trust so avoided the preference provisions – a setback for trustees

    A trust was implied into a loan agreement, so that the loan moneys were not considered part of the bankrupt estate.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Madgwicks
    Madgwicks
  • Article

    The best of times, the worst of times: trust assets in liquidations and receiverships

    The decision found that the statutory scheme of priority did not apply to realisations from circulating trust assets.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Capital distributions from foreign trusts – how do I prove that they are not taxable?

    As this recent AAT decision highlights, the taxpayer must provide evidence to prove that a section 99B exclusion applies.
    AustraliaTax
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    PART 3: Trust distributions are under ATO attack, are you ready?

    The 2nd primary defence to s100A – to show there was no Agreement that could give rise to a Reimbursement Agreement.
    AustraliaTax
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Showing 281–300 of 448 results

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