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Estate planning - How has the dust settled after Kennon vs. Spry? paper


Since the High Court decision in Kennon v Spry, there has been increasing concern among practitioners that the trust assets of their clients could be subject to Family Court attack. This paper focuses on the Family Court’s treatment of trusts to consider issues such as:

  • when do trusts become part of the pool of assets?
  • if not in the pool, will a trust be a financial resource? If it is a financial resource, what effect will it have on the outcome?
  • how does a parent structure their affairs to protect their children?
  • what do the more recent cases reveal?
  • what tax, structuring and estate planning issues should be considered?

Author profiles:

Tara Lucke FTI
Tara is a director and co-founder of the specialist law firm, View Legal Pty Ltd. Her favourite aspect of her work is getting to know her clients’ business and family. To help her clients achieve their goals, Tara places high importance on working collaboratively with their existing advisers to deliver effective and appropriate solutions for tax planning, estate and business succession planning, and asset protection. As a founder of View Legal Pty Ltd, Tara is committed to building a law firm that she would choose to use herself. To this end, she is passionate about exploring innovations in the legal industry, particularly in relation to using technology and fixed pricing to provide quality solutions and price certainty for clients. Tara is a fellow of The Tax Institute and is regularly published in Australia’s leading monthly tax journal, The Tax Institute’s Taxation in Australia and the leading weekly tax journal, Thomson Reuters’ Weekly Tax Bulletin. Current at 07 April 2015 Click here to expand/collapse more articles by Tara Lucke.
Author Photo - Matthew Burgess CTA
Matthew Burgess CTA
Matthew co-founded specialist firm View Legal in 2014, having been a partner of one of Australia's leading independent law firms for over 12 years. Matthew's passion is helping clients successfully achieve their goals. Matthew specialises in tax, asset protection, estate and succession planning, providing strategic advice to business owners and high net worth individuals, and was recognised in the "Best Lawyers" list for 2014 in relation to trusts and estates. As an author, Matthew is widely recognised as an expert in his field, who constantly creates bespoke revenue-related strategies for the growth, management and protection of wealth. Matthew is regularly published in Australia's leading monthly tax journal, The Tax Institute's Taxation in Australia (six articles since 2012), and the leading weekly tax journal, Thomson Reuters' Weekly Tax Bulletin (10 articles since 2012). He has also written five legal books, one business book and 16 children's books. Current at 01 June 2016 Click here to expand/collapse more articles by Matthew BURGESS.

This was presented at The 28th National Convention.

Get a 20% discount when you buy all the items from this event.

Individual sessions

Taxation of financial arrangements

Author(s):  Tony FROST,  Andrew Hirst

Materials from this session:

Australian Taxation Office investigations - Recent issues

Author(s):  Michael CLOUGH,  Andrew CURRIE

Materials from this session:

Powers of Attorney

Author(s):  Susan Fielding

Materials from this session:

Tax issues on intergenerational change

Author(s):  Peter BOBBIN

Materials from this session:

Equity, simplicity, certainty and individualised justice – in the one sentence?

Author(s):  Michelle GORDON

Materials from this session:

Part IVA reform

Author(s):  AH (Tony) SLATER

Materials from this session:

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