Tuesday, November 29, 2022

(out of) ‘Control’** of family trusts

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Under the capital gains tax small business concessions, what amounts to ‘control’ of a discretionary trust is an important issue.  In this r...
Tuesday, November 22, 2022

Oral contracts: don’t prove me wrong, they are not worth the paper they are written on**

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A Wikipedia search confirms what most learn at some stage during schooling; that is a contract is an agreement that meets certain criteria t...
Tuesday, November 15, 2022

Does a scribble** amount to the acknowledgment of a debt?

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Following on from last week’s post, a further issue that often arises in the context of division 7A is whether the accounts of a debtor com...
Tuesday, November 8, 2022

Statute of limitations** and division 7A

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Under legislation in each Australian state, there is a prohibition on bringing a claim on certain actions, generally once 6 years have elap...
Tuesday, November 1, 2022

A great leap forward?** Attorneys acting as director

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A recent post considered the broad limitations to an attorney's powers. While a validly appointed financial attorney has extremely wide...
Tuesday, October 25, 2022

Appointors (or sisters) doing it for themselves **

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Last week's post considered the ability of a trustee in bankruptcy to exercise the powers of an appointor or principal of a family trus...
Tuesday, October 18, 2022

Trustees in bankruptcy making plans for appointors (or Nigel) **

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Last week's post considered the ability of an attorney to exercise the powers of the donor as an appointor or principal of a family trus...