• Selling a Residential Property

There are many parts to the process of selling a residential property. Some things you must do and others we do. This guide is designed to help you avoid problems that may arise when selling a property.

• Wills & Estates Guide

An easy to read summary of wills and estates and succession planning

• Family Business Succession - Company and Trust Structures

The focus of this paper is the main issues to consider when deciding on the appropriate structure for a family-owned business. The intention is to provide guidance on the key attributes, benefits and limitations of three common business structures.

• Discretionary Will Trusts (Testamentary Trust Wills)

Wills which incorporate discretionary trusts can provide various advantages. This document includes information on how the wills work and what advantages there might be.

• The rule of law and the model litigant rules

The quality of the ATO’s compliance with the rule of law and model litigant rules determines the public’s confidence

• Fireproofing the family trust from third party attack

There are no guarantees as to whether any particular structuring will protect the assets of a trust from third party attack let alone from the reach of the Family Court.

• Business Succession - Inter-generational transition of equity

Considering trusts in a succession context - Legalwise seminars 113V18 - Daniel Smedley

• Continuity of the trust estate: FC of T v Clark

Trust law practitioners have been keenly awaiting the judgment in FC of T v Clark.

• Managing Trust Successions for Family Businesses

In addition to the usual difficulties in managing succession for trusts, advisers should be encouraged to give consideration to business and family values when consulting to family business

• Where do I stand? A guide to family law

A guide to family law

• Settlements and remissions

Preparing a comprehensive submission reflecting the ATO guidelines will maximise the prospects of a successful reduction in liabilities

• Defending your client during audit

Preparing for battle - Strategies & outcomes in tax disputes from questionnaire to assessment

• Streaming capital gains... if any

The response to the High Court’s decision in Bamford has ignited debate on the ability to stream classes of income to trust beneficiaries.

• Asset protection and trusts

The effectiveness of discretionary trusts as an asset protection mechanism has been eroded in recent years.

• Explanation of a Discretionary Trust

A discretionary trust, which is also known as a family trust, is established when a person, described in the trust deed as "the settlor" provides a settled sum as a gift to the party which will act as trustee of the trust...

• SME tax risk management

A robust risk management process is essential to deal with the ATO

• The new private ancillary fund regime

Private ancillary funds (PAFs) now replace prescribed private funds (PPFs). It is not just the name that has changed. Practitioners must ensure that they are aware of the significant changes introduced to improve integrity under the new regime.

• The ATO’s focus on distributions from trusts to SMSFs

This article considers three ways that the ATO has indicated that it will review distributions from trusts to SMSFs; the non-arm’s length income rules, treating distributions as contributions and reviewing unpa id present entitlements owing to SMSFs

• Seminar: Survival of the Fittest 2009

Mike Hirst, Group Managing Director, Bendigo and Adelaide Bank Ltd. : Today's banking environment - interest rates, strategies for securing finance, what the banks are looking for. Powerpoint presentation.

• A(voiding) trustees’ mistakes: the Hastings-Bass Rule

The Hastings-Bass Rule potentially allows trustees to seek to have decisions with adverse tax consequences treated as invalid.

• Wills and Enduring Powers Of Attorney for Family Law Clients

If you have separated from your spouse you need to consider whether you should make a new will. You may have made a will in the past which is now inappropriate because it gives all your assets to your spouse and you no longer wish this to occur.

• Unpaid present entitlement - a division 7A analysis

the characterisation of a UPE as a loan is again subject to ATO scrutiny

• Negotiating development property deals: the critical conditions

Every agreement for the sale or development of property will have "critical conditions". This paper examines those conditions which, if properly considered, can assist to achieve the parties' expectations

• Headaches for everyone in new growth fees

The state government has released a planning update titled'Melbourne@5million" in which one issue addressed is funding infrastructure in new growth areas.

• Wills and Estate Planning

This brochure outlines the importance of making a will and the vital factors that need to be considered regarding estate planning.

• Enduring Power of Guardianship

Information to an Enduring Guardian Appointed Under Division 5a Part IV of the Guardianship and Administration Act

• Attorneys under an Enduring Power of Attorney - Financial

You have been appointed by a person making the enduring power of attorney (financial), called the donor, to be his or her attorney. Serious responsibilities are imposed upon you by this appointment.

• Donors: Enduring Powers of Attorney - Medical Treatment

An enduring power of attorney (medical treatment) is a legal document which enables you to appoint a person to make decisions about your medical treatment on your behalf.

• Information to Donors about Enduring Powers of Guardianship

An enduring power of guardianship is a legal document which enables you to appoint a person to make decisions about your lifestyle on your behalf. The person you appoint is called your enduring guardian.

• Powers of Attorney and Guardianship

There may be times when you are not able to manage your own affairs. This may occur if you have a serious health problem or you lose mental faculty. The law allows you to appoint other people to make decisions for you when you are not able to do so.

• Reform - De Facto, Domestic Partners

Presentation by Linton Drever, Principal

• SMSF borrowing arrangements Victorian duty issues

This article considers the outstanding Victorian stamp duty technical issues practitioners ought to consider when implementing a SMSF borrowing arrangement.

• The all important trust deed

This article identifies and considers some of the principal areas in which failure to comply with the terms of a trust deed can arise along with analysing the potential implications.

• Getting it right: examples to learn from

This article considers selected examples where practitioners and their clients have failed to properly establish, operate, restructure or co-ordinate trust structures and the cases that illustrate the issues involving discretionary trusts and unit trusts

• Deductibility of interest and Taxpayer Alert TA 2008/3

The article considers the tax deductibility of interest incurred to acquire trust interests which are again under review as a result of the ATO’s recent taxpayer alert TA 2008/3 and relevant case law.

• Asset protection planning and discretionary trusts

This article considers the recent legislative changes and judicial developments which may cast doubt on the perceived effectiveness of the use of discretionary trusts in the area of asset protection and discusses the real impact of these changes.

• Continuing controversy post Cajkusic – Part 1

This article considers the Full Federal Court’s decision in Cajkusic which appeared to clarify a number of contentious issues regarding the taxation of the income of trusts and how the ATO’s Cajkusic decision impact statement has again clouded the issue.

• Tax deductibility of interest incurred - Part 1

This article considers the tax deductibility of interest payable on money borrowed to acquire interests in trust structures.

• Trustee beneficiary statements

The article considers the Government’s proposed amendments to the closely held trust provisions which are a step in the right direction in reducing the onerous and repetitive nature of the current provisions.

• Lost trust deed?

This article considers the consequences and practical solutions that practitioners ought consider when all copies of the signed and stamped trust deed have been lost.

• Supersized professional practice unit trusts

This article considers when a large professional practice unit trust structure may inadvertently be a managed investment scheme and/or a public trading trust which may cause unintended corporations law compliance obligations.

• Commissioner attacks 'trust stripping scheme'

This article considers Raftland’s Case regarding sham argument and sec. 100A reimbursement agreements in respect of a loss trust.

• Testamentary trusts and CGT

This article considers the current manner in which beneficiaries of a testamentary are taxed on capital gains under the proportionate approach.

• Trusts in the family law arena - Part 2

This article considers taxation and commercial matters regarding the implementation of family law orders relating to trusts that practitioners ought to consider such as control of trusts, loans, distributions and beneficiaries rights.

• Discretionary trusts post the Westpoint litigation

This article considers the Richstar No. 6 Case and its technical and practical consequences on traditional asset protection strategies for trusts.

• Resuscitating Service Trusts

The article considers the restrictive views expressed by the ATO in Ruling TR 2006/2 and the accompanying Guide regarding service trusts and the restructuring options for professional partnership practices.

• Trusts and the Family Law Act 1975

The article considers the control test of trusts in respect of family law property proceedings and the application and interpretation of the new Part VIIIAA FLA 1975.

• Death and no testamentary trusts

Is it too late for minor children? This article considers the concessional income tax treatment of children for testamentary and non-testamentary trusts.