Tuesday, March 28, 2023

I want it all** - Duties of SMSF trustees and yet another case concerning death benefit payments

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In recent years the number of reported decisions in relation to death benefit payments by SMSFs have increased significantly. This is parti...
Tuesday, March 21, 2023

The (heavy) duty** to account

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A reminder came to me recently about the duty of trustees ‘to account’. Relevantly the High Court in Byrnes v Kendle [2011] HCA 26 highligh...
Tuesday, March 14, 2023

Stamp duty concessions for business succession: it is (not) just a game**

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As we have touched on in previous View posts, each Australian state has a different set of stamp duty rules. In a very general sense, the br...
Tuesday, March 7, 2023

Do you know Hoo(doo) is your customer?

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In recent times, we have had a number of situations where, when acting for a family group, one member of the group is particularly concerned...
Tuesday, February 28, 2023

Why a willmaker’s domicile may trigger a step back in time**

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Where a person is domiciled is one of the more difficult and potentially frustrating areas of the law. A key reason the issue can be so prob...
Tuesday, February 21, 2023

SMSF borrowing arrangements and business succession: a modern life** story

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We recently had an adviser seeking guidance in relation to business succession arrangements where business property was to be purchased by t...
Tuesday, February 14, 2023

Love ya, love ya, love ya** - and my last will proves it … (AKA dogs are the best people**)

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The general position under Australian law is that a willmaker has autonomy to distribute personally owned assets in their absolute discretio...