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The Court as a trust buster - where assets of a discretionary trust are at risk paper


This paper includes:

  • an analysis using decided cases to show how the Family Court 'busts' trusts
  • challenges under the old and new provisions Bankruptcy Act
  • tax and stamp duty consequences of Court trust busting
  • DIY trust busting (ie getting it so wrong, the assets aren’t protected)
  • hints to maximise asset protection.

Author profile

Arlene Macdonald CTA-Life
Photo of author, Arlene MACDONALD Until her recent retirement, Arlene was a Barrister at the South Australian Bar for 17 years. Prior to this she spent 8 years at the Australian Government Solicitor's Office, and several years at the ATO and the Commonwealth Ombudsman's office. At the Bar she appeared and advised in a wide range of Commonwealth and State tax disputes concerning income tax, CGT, GST, stamp duty, payroll tax, land tax and other tax issues. Arlene is experienced in acting for the Commissioner of Taxation and for the range of taxpayers who were in dispute with the revenue authorities or who needed advice on how tax law applies in their case. She has a passion for legal education, especially in tax and trust law. She was awarded life membership of The Tax Institute in 2010 particularly for her work over many years in organising, promoting and providing education through The Tax Institute. She has written a vast number of papers and articles and is a highly sought after speaker. - Current at 16 February 2015
Click here to expand/collapse more articles by Arlene MACDONALD.


This was presented at Misplacing your 'Trust' .

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Individual sessions

Tax effective transferring of assets out of fixed trusts

Author(s):  Andrew SINCLAIR

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