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How fixed is your trust - can you assume that it will survive a change of the ATO's present view? presentation


"Fixed Trust" has become a recurrent building block in tax legislation however there are strong suggestions that the concept does not technically work in the manner that is suggested with potentially diabolical consequences in the future including:

  • Where the concept of fixed trust is relied on in tax legislation
  • Where courts are heading - the recent views of the High Court
  • The concerns about the proper legal interpretation
  • If you can't rely on the law can you rely on the Commissioner's discretion?
  • Evolution of the concerns via the NTLG 

Author profile

Karen Rooke CTA
Karen is an Adjunct Professor of Taxation Law at the University of Sydney and a legal consultant at King & Wood Mallesons. Karen’s particular interest at the university and in practice involves the taxation of trusts and the funds management industry. Karen has presented many papers at Tax Institute functions and widely consults with various stakeholders, including the Board of Taxation. - Current at 01 February 2016
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This was presented at 21st National Convention: Beyond the Sea .

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Individual sessions

Section 8-1: Making certain that you receive what you are entitled to

Author(s):  Allan W BLAIKIE

Materials from this session:

Non-resident beneficiaries - income tax

Author(s):  Terry MURPHY

Materials from this session:

The major continuing compliance issues for ATO on Consolidations

Author(s):  Peter COAKLEY

Materials from this session:

The current imputation system - Traps and opportunities

Author(s):  Jane MADDEN

Materials from this session:

CGT - old chestnuts and emerging issues

Author(s):  Gordon S COOPER

Materials from this session:

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