Partners Scott Hay-Bartlem and Linda Tapiolas break down the 2026 federal Budget's proposed changes to discretionary trusts, examining new tax rates, beneficiary credits, and exemptions. As legislation continues to evolve, they explore the complexities of restructuring trust and company arrangements and explain why businesses should adopt a cautious approach to these significant reforms.

Treasury has released a Policy Options Paper on two designs for the new regime to tax income passing through trusts.

Senior associate Sophia Ousager and private client partner Scott Hay-Bartlem discuss Sophia's career progression at CGW, from law clerk to senior associate, while exploring her personal interests and approach to client problem-solving. The conversation offers insights into life at the firm and the motivations that drive legal professionals in corporate advisory and private client work.

From 1 July 2016, even if SMSFs hold more than 20% of the units in a unit trust, it may not be a public trading trust.

This paper reviews the non-arm's income rules after some landmark cases and the ATO's renewed focus on trust compliance.

In business there are some risks you need to take and some that you just can't afford to.

Link to podcast discussing how many shares to issue in a company that will be acting as trustee.

This edition of 'It Depends' discusses whether resettlement or a variation of a discretionary trust may trigger duty.

In this edition of the series 'It depends', partner Clinton Jackson talks about what to do about lost trust deeds.

Link to podcast where the issues around primary beneficiaries of discretionary trusts are discussed.

Link to video where a partner of CGW talks about what is an appointor.

This edition of 'It depends' discusses why you should sign multiple copies - at least three - copies of your trust deed.

In the latest instalment of our Security of Payment podcast series, Laura Bowlt and Kate Bower discuss the requirements of retention money trusts, shedding light on a financial instrument that plays a crucial role in various industries.

Recent Duties Act changes impose surcharges on discretionary trusts, if foreign persons are potential beneficiaries.

In this edition of 'It depends', senior associate Steven Jell talks about what happens to your family trust when you die.

This case will provide useful guidance when dealing with the distribution of trust assets in an insolvent trust estate.

The ATO crack-down on company and service trusts has resulted in the recent restructure of many professional practices.

A bare trustee acts on instructions by the beneficiary, so the beneficiary is responsible for the supply or acquisition.

PAF trustees must have the governing rules of the fund amended to comply with the New PAF Guidelines by 1 October 2012.

A private ancillary fund is a philanthropic vehicle established and operated by a high net worth individual or family.