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The empire strikes back! A tax lawyer’s rebuttal paper


This paper covers:

  • property settlements
  • general developments with discretionary trusts
  • sweat equity - Making a contribution to the family business
  • Part VIIIAA of the Family Law Act - Orders and injunctions binding third parties
  • third party rights
  • Section 106B - Transactions to defeat claims
  • unpaid present entitlements - Getting by with a little help from my friends 
  • sub-trusts - Fair return on instrument
  • breach of trust 
  • consent of beneficiary as a defence.

Author profile

Adam Levin
Adam is a Partner in the Corporate and Commercial team at Jackson McDonald. Adam has over 20 years experience in commercial and taxation law, including state and federal taxation, commercial transactions, trusts, charities and not-for-profits. Jackson McDonald, led by Adam, has been a leader in the WA market for many years in the native title space. The firm has been invited to work closely on the majority of the state’s major native title settlement packages. Adam is well regarded nationally for his expertise and forward-thinking on tax-effective trust structures for managing native title benefits. He has remained a key participant in the national “debate” on the appropriate tax framework for native title benefits. His contributions are noted in the Mineral Council of Australia’s submission to the Federal Government Working Group on Taxation of Native Title which is based on his 2007 publication entitled “Improvements to the Tax and Legal Environment for Aboriginal Community Organisations and Trusts”. Adam has been at the forefront of this changing landscape for the past decade and is committed to the growth of the Indigenous sector. - Current at 07 October 2014
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This was presented at Family Law, Tax & Family Breakdown Part 3 .

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