Published on 13 Mar 13
by NATIONAL DIVISION, THE TAX INSTITUTE
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?
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
Matthew co-founded specialist firm View Legal in 2014, having been a lawyer and partner of one of Australia’s leading independent law firms for over 17 years. Matthew’s passion is helping clients successfully achieve their goals. Matthew specialises in tax, and estate and succession planning, providing strategic advice to business owners and high net worth individuals. He has been recognised in the Best Lawyers list since 2014 in relation to trusts and estates and either personally or as part of View Legal in Doyles since 2015 in relation to taxation, and since 2017 in relation to wills, estates and succession planning. In part leveraging off the skills he has developed working in the SME market space, Matthew has been the catalyst for a number of innovative legal solutions for advisers and their clients, including establishing Australia’s first virtual law firm.
- Current at
13 August 2018