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  • Article

    Trust Tax Reform: One step closer, but is it any clearer?

    The recent Options Paper follows the Discussion Paper - Modernising the Taxation of Trust Income – Options for Reform.
    AustraliaTax
    Moore Australia
    Moore Australia
  • Article

    Trust deeds - Taxation Determination TD 2012/21 - Resettlements settled?

    Recent events have created uncertainty on the ATO's view on resettlement of trusts.
    AustraliaCorporate/Commercial Law
    Hall & Wilcox
    Hall & Wilcox
Article

Reflective Loss, Trusts And Australian Class Action Settlements

The court also considered the expenses incurred in relation to legal fees and litigation funding
AustraliaLitigation, Mediation & Arbitration
Jones Day
Jones Day
  • Article

    High Court rules that interim capital distribution from trust revaluation reserve is valid

    Whether a trustee can make an effective distribution of capital from an asset revaluation reserve has been clarified.
    AustraliaCorporate/Commercial Law
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Should the trustee of a family trust be an individual or a company?

    An Australian trustee bears unlimited personal liability for all debts, liabilities and expenses incurred by the trust.
    AustraliaCorporate/Commercial Law
    Bennett & Philp Lawyers
    Bennett & Philp Lawyers
  • Article

    A "special" trust deed variation and lessons for estate planning

    Did the trustee validly amend a trust deed to remove & replace the Appointor. Case highlights key risks in trust control & estate planning.
    AustraliaFamily and Matrimonial
    Piper Alderman
    Piper Alderman
  • Article

    What is a testamentary trust?

    A testamentary trust is established by a will, therefore it does not come into effect until the death of the will-maker.
    AustraliaFamily and Matrimonial
    Di Rosa Lawyers
    Di Rosa Lawyers
  • Article

    A disposition of trust property post-winding up - void or not?

    The QCA considered whether a disposition of property by a company after the commencement of its winding up was void.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Part 1: Trusts and insolvency—is it different in bankruptcy?

    The judge provided guidance on some key principles around a bankrupt trustee's right of indemnity out of trust assets.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Worrells
    Worrells
  • Video

    It Depends – What Are The Proposed Changes To The Taxation Of Discretionary Trusts In The 2026 Federal Budget? (Video)

    The Australian federal government's 2026 Budget introduces significant changes to discretionary trust taxation, implementing a minimum 30% tax rate at the trust level from July 2028. While certain trusts including fixed trusts, charities, and existing testamentary trusts receive exemptions, new discretionary testamentary trusts face strict requirements limiting beneficiaries to individuals only. Understanding these proposed reforms and their implications for asset protection, estate planning, and business s
    AustraliaTax
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    It Depends – The ATOs use of the avoidance provisions

    Transcript & link to video discussing whether Part IVA can apply to trust distributions.
    AustraliaTax
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    OECD releases beneficial ownership implementation toolkit to facilitate transparency

    OECD has recently released A Beneficial Ownership Implementation Toolkit which is discussed here.
    AustraliaTax
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Business Succession Factsheet: Can a SMSF invest in a private entity that carries on a business?

    This factsheet looks at key issues that SMSF trustees should consider when it comes to investing in a private business.
    AustraliaCorporate/Commercial Law
    HopgoodGanim
    HopgoodGanim
  • Article

    Latest changes to trustee breach reporting

    Discusses the regime, misleading & deceptive exemption, same breach time extension & consequential amendments.
    AustraliaCorporate/Commercial Law
    Holding Redlich
    Holding Redlich
  • Article

    New year, new medical practice?

    Guide to help to establish a new medical practice in Australia.
    AustraliaCorporate/Commercial Law
    Avant Law
    Avant Law
  • Article

    Protecting assets and preserving wealth through Discretionary Trusts

    A Discretionary Trust can be a tax-effective structure to build wealth for future generations.
    AustraliaCorporate/Commercial Law
    Matthews Folbigg Lawyers
    Matthews Folbigg Lawyers
  • Article

    The power (and mess) of security interests

    The article is a quick guide to some common issues relating to securities and the Personal Property Securities Act 2009.
    AustraliaCorporate/Commercial Law
    Worrells
    Worrells
  • Article

    Trusts, ABNs and the PPS Register - non-entities making mischief for secured parties

    The case shows pitfalls in the way that the PPS Register requires trustee grantors to be identified by trust ABNs.
    AustraliaCorporate/Commercial Law
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    The fiduciary nature of the role of appointor in family trusts

    When agreeing or suggesting to undertake the role of Appointor, the advisor may be creating a fiduciary relationship.
    AustraliaFamily and Matrimonial
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    The bank of mum and dad: Loan or a resulting trust?

    Parents must explicitly document the nature and intention of any monies advanced to their children.
    AustraliaFinance and Banking
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Showing 301–320 of 448 results

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