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Taxation Ruling TR 2018/6 provides clarification on the ATO view on the income tax consequences of a trust vesting.

The law expects a high standard of professional trustees in the performance of their legal duties and obligations.

The Government aims to resolve the current uncertainty around the tests to determine whether a trust is a 'fixed trust'.

A trustee in doubt about a particular course of action may consider applying to the Supreme Court for judicial advice.

The Federal Government’s proposed changes to the taxation of discretionary trusts may create one of the most significant small business restructuring opportunities seen in years. Assuming, of course, the legislation survives the usual process of political compromise and lobbying.

On Tuesday, 12 May 2026, the Treasurer, Dr Jim Chalmers, handed down the 2026–27 Federal Budget. The Federal Budget introduces the most significant tax reforms aimed at reshaping how income and wealth are taxed in Australia. The Government is seeking to rebalance the system by reducing tax on income from work and increasing tax on income from assets, and then using that difference to fund personal tax relief and influence housing behaviour.

A "constructive trust" exists where there is an implied agreement, arising from parties' conduct rather than direct.

A property purchased for a beneficiary can result in a lot of time spent and anxiety for a trustee.

Legislative mechanisms in place in regard to beneficiaries who are not ordinarily resident in Australia and considering a change in trusteeship.

If the original trust deed has been lost, the safest course of action is to seek advice and directions from the Court.

Asset protection during bankruptcy depends on genuine ownership, not trust labels. Property held for others is generally excluded from a bankrupt estate, but beneficial interests, trust debts, and trustee indemnities may still be recoverable. Transfers into trusts can be challenged under undervalue or creditor-defeating provisions if timing, consideration, and purpose raise concerns.

This article highlights some of the 'details' that need to be considered to plan for the succession of the family trust.

As a new financial year approaches, take time to review key aspects of your business to ensure a successful year ahead.

The article may assist superannuation fund trustees disclose fee and costs data in compliance with this ASIC Instrument.

Section 100A of the Income Tax Assessment Act 1936 has become an area of significant focus for the ATO and tax advisors.

It can be seen that trustees' duties under section 283DA of the Corporations Act and in equity are extensive and onerous.

The priority regime in the Corporations Act does apply to payment of trust creditors of an insolvent corporate trustee.