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Kennon v Spry: predicting the future of the discretionary trust in Australian tax law

Published on 01 May 09 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

Whilst Kennon v Spry is a family law and not a tax case, the majority of the High Court of Australia has reconsidered some of the accepted features of the discretionary trust. Tax immunities associated with the 1968 House of Lords’ decision in Gartside v IRC may no longer be secure. Direct implications of Spry’s case for the ITAA97, ITAA36 and the Duties Acts are probed.

Author profile:

Author Photo - John Glover
Dr John Glover
John is a Barrister practising in Melbourne and part-time Associate Professor in the Faculty of Law at Monash University. John practised as a Barrister in the 1980s, before becoming an academic and writing Commercial Equity: Fiduciary Relationships (1995), Equity, Restitution & Fraud (2004) and over 40 book chapters and refereed journal articles. He re-signed the roll in 2005 and works in the areas of taxation, trusts and equity law. Current at 19 May 2009 Click here to expand/collapse more articles by John GLOVER.
 
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