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  • Article

    What is the nature of a partners interest in partnership property?

    An interest in partnership property before it is wound up is an equitable interest under a trust, but not a fixed trust.
    AustraliaCorporate/Commercial Law
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Breach of trust: Family trusts and your property settlement

    Assets in a family trust could be assets of the marriage or relationship in the context of a relationship breakdown.
    AustraliaFamily and Matrimonial
    Di Rosa Lawyers
    Di Rosa Lawyers
Article

Vesting of trust property in a trustee in bankruptcy and reasonable belief: some guidance for trustees in bankruptcy

The High Court has provided practical guidance as to when to lodge a caveat on property held by a bankrupt on trust.
AustraliaInsolvency/Bankruptcy/Re-Structuring
Gilchrist Connell
Gilchrist Connell
  • Article

    Trustees in NSW may depart from the terms of the trust deed - but only with the authorisation of the court

    The case shows that trustees may seek the authorisation of the court to take steps not contemplated by the trust deed.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    2019: The year in review - in business and financial services

    This article is a summary of some of the major changes that happened in the Australian business environment in 2019.
    AustraliaCorporate/Commercial Law
    Worrells
    Worrells
  • Article

    Business Succession Factsheet: Why you need to have an enduring power of attorney for your SMSF

    This factsheet explains why it is essential that all members of a SMSF have executed an enduring power of attorney.
    AustraliaCorporate/Commercial Law
    HopgoodGanim
    HopgoodGanim
  • Article

    Project Bank Accounts (PBAs) - What does it mean and how will it work?

    PBAs are trust accounts, intended to protect down the line subcontractors from the insolvency of up the line contractors.
    AustraliaReal Estate and Construction
    ClarkeKann Lawyers
    ClarkeKann Lawyers
  • Article

    High Court clarifies question on trust streaming of franking credits

    The Commissioner is bound by a court's finding of legal fact, but not to taxation consequences that flow from that fact.
    AustraliaTax
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Landholder duty payable after appropriation under a will

    This recent decision examines some of the potential tax liabilities that beneficiaries of an estate can be exposed to.
    AustraliaTax
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Tax stings: Lost trust deed and the presumption of regularity

    The presumption of regularity may help - all is presumed to be rightly and duly performed until the contrary is proven.
    AustraliaTax
    JMA Legal
    JMA Legal
  • Article

    Succession planning for the family trust – Getting started

    This article highlights preliminary issues to be considered before developing a succession plan for your family trust.
    AustraliaFamily and Matrimonial
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Because the Court said so: the benefits of judicial advice for trustees

    A trustee should always consider seeking judicial advice to avoid potential claims by unitholders for breach of trust.
    AustraliaCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    Family Discretionary Trusts – how discretionary are they?

    Adopting the family discretionary trust is often a key part of strategic planning but not understanding it, is planning to fail.
    AustraliaCorporate/Commercial Law
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    New Attribution MIT rules - practicalities of amending existing trust deeds

    Just about every Trust Deed will soon require amendment so that the fund can operate effectively under the AMIT rules.
    AustraliaCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    The Owies Family Trust controversy: When family and finances collide

    The estrangement of key family members in 2011 set off a chain of events that challenged the very essence of trust law.
    AustraliaFamily and Matrimonial
    O'Sullivan Davies Lawyers
    O'Sullivan Davies Lawyers
  • Article

    A Matter Of Trust: High Court Rules On Distribution Of Assets Of An Insolvent Corporate Trustee

    In its much anticipated decision, the High Court has unanimously dismissed the Amerind appeal.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Johnson Winter & Slattery
    Johnson Winter & Slattery
  • Article

    PART 4: Trust distributions are under ATO attack, are you ready?

    Article considers the third primary defence to s100A.
    AustraliaTax
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Three tips for trusts and Small Business CGT Concessions (SBCGTC)

    The article identifies three important SBCGTC considerations that advisers should be aware of, when dealing with trusts.
    AustraliaTax
    Redchip Lawyers
    Redchip Lawyers
  • Article

    Warning for Family Trusts – ATO to increase scrutiny of trust income distributions

    The ATO foreshadows a crackdown on trust income distributions within family groups as part of its focus on tax avoidance schemes.
    AustraliaTax
    McCarthy Durie Lawyers
    McCarthy Durie Lawyers
  • Article

    It is here – the ATOs crackdown on family trust distributions has officially begun – section 100A

    ATO released 3 new pieces of guidance that formally provides their aggressive position on discretionary trust distributions.
    AustraliaTax
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Showing 361–380 of 448 results

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