Australia: Trusts

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.

APAC Monthly Private Wealth Legal Developments – June 2025

ASIC has provided Australian financial services and credit licensees additional targeted relief under the reportable situations regime in response to feedback from industry.

Worldwide Wealth Mgt

KL

Herbert Smith Freehills Kramer LLP

It depends – Trust vesting

Transcript & link to video - from 1/8/25, Qld trusts may vest after 125 years, but deed terms & legal steps determine if extension is possible.

Australia Commercial

CG

Cooper Grace Ward

Good faith in statutory derivative actions: Insights from Gillespie v Gillespie (2025)

NSW Court of Appeal confirms good faith is essential for statutory derivative actions under s237(2)(b) of the Corporations Act 2001.

Australia Commercial

M

McCabes

Key Lessons From High Court Trust Litigation: Structuring Family And Business Trusts

In a High Court of Australia decision that concluded an eight-year legal battle, Herbert Smith Freehills Kramer was successful in trust-related litigation that has significant lessons for families...

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

A "special" trust deed variation and lessons for estate planning

Australia Family

PA

Piper Alderman

Family Office Comparative Guide

Australia Wealth Mgt

Arnold Bloch Leibler

New Rules for Trusts in Queensland: Are you ready?

Australia Commercial

CG

Clifford Gouldson Lawyers

FIRB Issues – Recent Changes in Respect of Residential Land – Approvals Required where Change of Trustee

Australia Commercial

PP

Pointon Partners

No fiduciary obligation to a former trustee

Australia Commercial

CC

Corrs Chambers Westgarth

Landmine Div 7A decision for Commissioner – FCT v Bendel 2025 FCAF 15 (31 March 2025 – Backfire for Commissioner – Section 109D Div 7A attack on Corporate Beneficiaries fails and causes Commissioner other problems)

Australia Commercial

PP

Pointon Partners

What are the common pitfalls in discretionary trusts?

Australia Commercial

CG

Cooper Grace Ward

The gap in unitholder rights

Australia Commercial

CO

Carroll & O'Dea

APRA hones in on trustee spending behaviour

Australia Commercial

PA

Piper Alderman

"My partner left his binding death benefit to me, but the superannuation trustee won't hand it over" – which case won?

Australia Commercial

S

Stacks Law Firm

Addressing the Surge in Youth Crime in NSW

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

Australian Visa Processing Times And Key Migration Updates

Australia Immigration

IL

Interstaff Immigration Agency

Skilled Visa Salary Thresholds To Increase To 4.6% From 1 July 2025

Australia Immigration

IL

Interstaff Immigration Agency

A Key Issue For The Federal Election 2025

Australia Immigration

IL

Interstaff Immigration Agency

Visa Rules When Changing Employer Sponsors

Australia Immigration

IL

Interstaff Immigration Agency

Court rules trustee justified in paying death benefit, despite compliance issues and breach of trust

The Court's decision turned on the steps taken by the trustee to reduce the risk of adverse consequences for the Fund.

Australia Commercial

CG

Cooper Grace Ward

It Depends – Is there duty payable on a transfer of units in a Unit Trust?

Transcript & link to video discussing when duty is payable on a transfer of units in a unit trust.

CG

Cooper Grace Ward

How 2024 is shaping up for super trustees

Financial services regulatory activities for superannuation trustees in 2024.

Australia Commercial

PA

Piper Alderman

It Depends – Is my company a Special Purpose Super Trustee Company?

Transcript & link to video discussing whether your company is a special purpose superannuation trustee company.

Australia Commercial

CG

Cooper Grace Ward

Podcast: TaxLand with Fletch and Sarah – 2024 tax time – getting your trust resolutions right before 30 June

CG

Cooper Grace Ward

Distribution deliberations: How trustees of discretionary family trusts can protect themselves

Australia Commercial

PA

Piper Alderman

Vesting Interests: Stamping out capital confusion – CGT and Victorian stamp duty consequences of a trust vesting

PP

Pointon Partners

Private Ancillary Funds (PAFs)

Australia Commercial

PP

Pointon Partners

It Depends – What happens to the assets in my discretionary trust when I die?

Australia Commercial

CG

Cooper Grace Ward

Podcast: TaxLand with Fletch and Sarah – 2024 tax time – tax issues for testamentary trusts and deceased estates

CG

Cooper Grace Ward

Podcast: TaxLand with Fletch and Sarah – 2024 tax time – are trust distributions to your adult kids subject to section 100A?

CG

Cooper Grace Ward

It Depends - Who should receive the distributions from my family trust ?

Australia Commercial

CG

Cooper Grace Ward

Transfer of property from father and stepmother to son ends in court – which case won?

Australia Commercial

S

Stacks Law Firm

It Depends – Should I be the settlor of a trust?

Australia Commercial

CG

Cooper Grace Ward

Podcast: TaxLand with Fletch and Sarah – 2024 tax time – are trust distributions to your adult kids subject to section 100A?

Discusses tax implications of family trusts and what constitutes an 'ordinary family or commercial dealing'.

CG

Cooper Grace Ward

It Depends - Who should receive the distributions from my family trust ?

Transcript & video discussing who should receive the distributions from your family trust. Don't limit your focus to tax matters this EOFY.

Australia Commercial

CG

Cooper Grace Ward

Transfer of property from father and stepmother to son ends in court – which case won?

This case serves as a warning to parents to know the difference between a gift and a trust.

Australia Commercial

S

Stacks Law Firm

It Depends – Should I be the settlor of a trust?

Transcript & link to video discussing what the settlor of a trust is & who should act in that role.

Australia Commercial

CG

Cooper Grace Ward

Analysis Of Recent Full Federal Court Decision In Australian Tax Case

AM

Alvarez & Marsal

Trust Deeds: What to do when all is lost?

If the original trust deed has been lost, the safest course of action is to seek advice and directions from the Court.

Australia Commercial

PA

Piper Alderman

It Depends – Is trustee discretion as good as we think?

Trustee discretion - what decisions of trustees involve discretion and what happens when the trustee gets it wrong.

Australia Commercial

CG

Cooper Grace Ward

Top 10 superannuation trustee priorities for 2024

With these top 10 priorities, 2024 brings increased regulatory scrutiny for superannuation trustees.

Australia Finance

PA

Piper Alderman

Owies v JJE Nominees: The trustee's consideration of beneficiaries in income distributions and the written reasons conundrum – When is a trustee not acting in the best interests of the beneficiaries and can be replaced by the court?

The power of the trustee in family discretionary trusts and the duty of the trustee to consider the beneficiaries.

Australia Commercial

PP

Pointon Partners

New year, new medical practice?

Australia Commercial

A

Avant Law

It Depends – Is there duty payable on the issue of additional units in a unit trust?

CG

Cooper Grace Ward

ATO Commissioner to appeal AAT Bendel decision: key implications for taxpayers

HR

Holding Redlich

Security Of Payment Podcast Series – Retention Money Trusts

Australia Commercial

HS

Herbert Smith Freehills Kramer LLP

Podcast: TaxLand with Fletch and Sarah – Capital distributions from foreign trusts: when are these taxed by section 99B?

CG

Cooper Grace Ward

It depends – What is a child maintenance trust and when can I use one?

Australia Family

CG

Cooper Grace Ward

The Owies Family Trust controversy: When family and finances collide

Australia Family

OD

O'Sullivan Davies Lawyers

Latest changes to trustee breach reporting

Australia Commercial

HR

Holding Redlich

It Depends – Family trust change of trustee (part 6 – stamp duty)

Australia Family

CG

Cooper Grace Ward

The PJC's Corporate Insolvency Report

Australia Insolvency

VY

Vincent Young

Victorian State Revenue Office Case Alert – Section 36A Discretionary Trust to Beneficiary Duty Transfer Exemption Refused

P

PCL Lawyers

Will with Testamentary Trust

Australia Family

JS

JB Solicitors

It Depends – Family trust change of trustee (part 5 – estate planning)

Australia Family

CG

Cooper Grace Ward

It Depends – Family trust change of trustee (part 4 – assets)

Australia Family

CG

Cooper Grace Ward

The universal obligation of a trustee: a trustee checklist from Owies v JJE Nominees Pty Ltd

Australia Commercial

MO

Mellor Olsson Lawyers

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Latest Videos

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It depends – Trust vesting

CG

Cooper Grace Ward

It Depends – When should I update my discretionary trust deed?

CG

Cooper Grace Ward

It Depends – Family trust change of trustee (part 5 – estate planning)

CG

Cooper Grace Ward

It Depends – Can a family trust distribute to its trustee?

CG

Cooper Grace Ward

It Depends – Will amending my trust deed result in a resettlement of my trust?

CG

Cooper Grace Ward

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