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

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?

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 06 June 2017

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 23 April 2014

Individual sessions

Further details about this event:

The 28th National Convention

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

Author profiles

Tara Lucke FTI

More by Tara Lucke

Matthew Burgess CTA

More by Matthew BURGESS

This was presented at The 28th National Convention .

Individual sessions

Taking an SME international

Materials from this session:

Taking an SME international paper

Taking an SME international presentation

Customs duty

Materials from this session:

Customs duty paper

Customs duty presentation