Tuesday, August 31, 2021
Before too long ** - when not even living together is a de facto relationship
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As previous posts have touched on, in order to be in a de facto relationship, two people need to ‘live together as a couple’. The case of N...
Tuesday, August 24, 2021
Non-lawyers providing full (legal) services**
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One issue that often arises is the liability of non-practicing lawyers and those advisers without any legal qualification who facilitate the...
Tuesday, August 17, 2021
Guiding (star)** principles on trust interpretation
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Following the post last week I was reminded of a related issue from the case of Harris v Rothery [2013] NSWSC 1275 that provides useful gui...
Tuesday, August 10, 2021
2 (+2 =5)** step deeds of variation
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A common theme of posts over time has been the critical need for trustees (and their advisers) to read the provisions of any trust deed. ...
Wednesday, August 4, 2021
New (Financial) Year**, Same Story: avoid lost SMSF trust deeds
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One of the key trustee duties of any form of trust is to know the terms of the trust deed and keep the original wet (not electronically!) si...
Tuesday, August 3, 2021
(When) advisers** act as fiduciaries
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One issue that arises fairly regularly for advisers is whether they will act in fiduciary roles for their clients, for example, as trustees ...
Tuesday, July 27, 2021
(Quick) Succession** with super fund trusteeship on death
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Recent posts have considered the various issues that can arise in relation to the payment of superannuation entitlements following death. Th...
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