Wednesday, April 26, 2023

Why?** will a court remove an executor

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Posts over recent weeks have explored what issues a court will consider before a trustee of a trust is removed against their will. Many of t...
Tuesday, April 18, 2023

Court removal of trustees and appointors (who should hang their heads low)

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Last week’s post explored what issues a court will consider before a trustee is removed against their will and mentions the (in)famous decis...
Tuesday, April 11, 2023

Court's unilaterally removing trustees - the Judge will carry the Weight**

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Posts over the last 2 weeks have explored a number of aspects of the super death benefit case of Marsella. One other key aspect of the case ...
Tuesday, April 4, 2023

Trustee duties and payment of super death benefits: you must work on it**

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Last week’s post explored the original decision in Re Marsella; Marsella v Wareham (No.2) [2019] VSC 65. The case provided another example o...
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...