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


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.

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Dr John Glover
Photo of author, John GLOVER John is a barrister practising in the fields of taxation, trusts and superannuation who has appeared in state and federal courts at all levels. He is also a professor in the Graduate School of School of Business & Law at RMIT University. Professor Glover is the sole author of three books as well as over 60 book chapters and articles in refereed law journals on taxation law, equity and trusts and is a co-author of Ford & Lee: The Law of Trusts. In the 2016-2017 year, Professor Glover worked full time for the Australian Taxation Office examining the relation between the Australian tax system and discretionary trusts linked to high net worth individuals. - Current at 27 October 2020
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