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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
Current at 19 March 2013 Click here to expand/collapse more articles by Tara Lucke.
Author Photo - Matthew BURGESS

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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