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CTP custodian – The aftermath paper


This paper considers cases following the High Court's decision in CPT Custodian, including:

  • Halloran v Minister Administering National Parks & Wildlife Act
  • Pearson v FCT
  • Commonwealth Managed Investments Ltd v CSR (WA)
  • CPT Manager Ltd v CSR (NSW)
  • GTN Nominees.

The paper also examines the differing views as to whether a unit holder can have a "beneficial interest" in the trust assets, and will review the provisions dealing with CPT Custodian that have recently been introduced in South Australia.

Author profile

Hon Ian Vitaly Gzell AM QC FTI-Life
The Hon. Justice Ian Gzell FTIA (Life) was admitted to the Queensland Bar in 1965 and was appointed Queen’s Counsel in Queensland in 1977. He was appointed to the Equity Division of the Supreme Court of New South Wales in 2002 where, apart from his other duties, he is the Revenue List Judge. He was admitted as a Barrister in every state and territory in Australia and in New Zealand and Papua New Guinea, with admissions for multiple single causes in Singapore, Fiji and the Solomon Islands. At the Bar, Ian specialised in revenue law with particular emphasis on international taxation. He was President of The Taxation Institute from 1985-1986, President of the Commercial Law Association of Australia from 1994-1996 and has been Vice President, Western Pacific, of The International Academy of Estate and Trust Law since 2005 and Chairman of the Society of Trust and Estate Practitioners, Australia, Sydney Branch since 2007. He has had numerous articles published and is in constant demand as a speaker. - Current at 11 July 2008
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This was presented at Eighth (2008) Annual States' Taxation Conference .

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Individual sessions

CPT Custodian – The Aftermath

Author(s):  The Hon. Justice Ian GZELL

Materials from this session:

Dealing with state and territory anti-avoidance provisions

Author(s):  Mark RICHMOND

Materials from this session:

Further details about this event:


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