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The trust bastion paper

Published on 10 Oct 13 by VICTORIAN DIVISION, THE TAX INSTITUTE

Trusts are supposed to be a protective barrier for family assets. This barrier is under threat from:

  • the family law decision in Kennon v Spry (2008)
  • the company law decision in Richstar Enterprises Pty Ltd v Carey (2006)
  • credit loan accounts and unpaid trust entitlements
  • the creation of beneficial interests in the course of estate planning
  • bad practices in the administration of trusts.

This paper examines and evaluates each of these threats in practical contexts,including the scope they create for a family trust of another family member to be dragged into matrimonial property disputes, for a trust to be dragged into a beneficiary’s tax dispute and for inheritance claims to turn into trust disputes.

Author profile

Graeme Halperin CTA
Graeme Halperin, CTA, of Halperin and Co, is a Barrister and Solicitor with over 30 years’ experience specialising in taxation, trust, estate and commercial law with extensive experience in tax, trust, estate and commercial litigation and dispute resolution. He is a former Chairman of the Breakfast Club, State Convention and Education Committee of the Victorian branch of the Tax Institute, served two terms on the Victorian State Council, served on several Tax Institute technical committees and in 2013 received a Meritorious Service Award from the Tax Institute. He has written many articles on tax related topics and has been a regular Tax Institute presenter since the 1990s. He has contributed to Parliamentary Committees and media articles on a range of tax topics, made submissions to the ATO in relation to draft rulings and in 2018 was interviewed in a Four Corners expose on ATO practices. - Current at 16 December 2020
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This was presented at Vic 1st Annual Tax Forum .

Get a 20% discount when you buy all the items from this event.

Individual sessions

Sustainability of our tax system and the case for major reform

Author(s):  Roger BEALE

Materials from this session:

The trust bastion

Author(s):  Graeme HALPERIN

Materials from this session:







Reportable tax positions and active compliance developments

Author(s):  Judy MORRIS

Materials from this session:


Alternative dispute resolution

Author(s):  Terry MURPHY,  Judy SULLIVAN

Materials from this session:

When the tax man comes knocking

Author(s):  Ross BURNS

Materials from this session:

Division 7A - How to fix up a mess

Author(s):  Michael PARKER

Materials from this session:

Evidence: Defending you position

Author(s):  Daniel McINERNEY

Materials from this session:

M&A tax update

Author(s):  Paul ABBEY

Materials from this session:






Transfer pricing - The new landscape

Author(s):  Cameron Smith

Materials from this session:


Part IVA - The new framework

Author(s):  Sue WILLIAMSON

Materials from this session:

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