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.

Podcast: Coffee With CGW – Get To Know Sophia Ousager

Senior associate Sophia Ousager and private client partner Scott Hay-Bartlem discuss Sophia's career progression at CGW, from law clerk to senior associate, while exploring her personal interests and approach to client problem-solving. The conversation offers insights into life at the firm and the motivations that drive legal professionals in corporate advisory and private client work.

Australia Commercial

CG

Cooper Grace Ward

Capital Gains Tax And Negative Gearing Amendments: Key Changes And Implications

On 28 May 2026 the federal government introduced a Bill to Parliament to give effect to the wide-ranging capital gains tax (CGT) and negative gearing changes that had been announced in the 2026-27 Federal Budget

CC

Corrs Chambers Westgarth

It Depends – Do The 2026 Federal Budget Changes Affect My Estate Planning? (Video)

The 2026 federal Budget introduced significant changes to capital gains tax, negative gearing, and discretionary family trusts that may impact your estate planning strategy.

Australia Family

CG

Cooper Grace Ward

The 2026 Federal Budget: Implications Of Proposed Tax Changes To Testamentary Discretionary Trusts

The 2026 Federal Budget has introduced significant changes to how discretionary trusts, including testamentary discretionary trusts (TDTs), will be taxed. If passed, these changes have far-reaching implications for estate planning strategies that many families use to protect and pass on wealth.

BN

Barry Nilsson

Federal Budget 2026: Back To The Future

KL

Herbert Smith Freehills Kramer LLP

It Depends – What Should The Jurisdiction Of My Trust Be? (Video)

Australia Commercial

CG

Cooper Grace Ward

Five Ways The 2026 Federal Budget Could Affect Family Law Property Settlements

Australia Family

CG

Cooper Grace Ward

Family Law Trusts – Do They Still Protect You In A Divorce Or Separation?

Australia Family

P

PCL Lawyers

It Depends – What's up with trusts?

Australia Commercial

CG

Cooper Grace Ward

ATO's Views Continue To Be Challenged

Australia Commercial

GGI Global Alliance

It depends – Does my family discretionary trust need an appointor?

Australia Family

CG

Cooper Grace Ward

Have you reviewed your discretionary trust lately? Frequently asked questions

Australia Family

MO

Mellor Olsson Lawyers

It depends – Should you involve your kids in the control of your family discretionary trust?

Australia Family

CG

Cooper Grace Ward

So You've Updated Your Estate Plan, But What Happens To The Family Trust When You Die?

Australia Family

KK

Kalus Kenny Intelex

Interview With The CEO Of ARITA (Video)

Australia Insolvency

CP

Cathro & Partners

Essential ESG: Episode 26 – Insights From The 2025 UN Forum On Business And Human Rights

Australia Environment

CC

Corrs Chambers Westgarth

New Jobs And Skills Australia Atlas Identifies Labour Market Trends

Australia Immigration

IL

Interstaff Immigration Agency

Podcast: Coffee With CGW – Get To Know Andrew Vella

Australia Litigation

CG

Cooper Grace Ward

Federal Budget 2026-27: What It Means For Australian Immigration

Australia Immigration

IL

Interstaff Immigration Agency

It depends – What happens to the appointor role in my family discretionary trust when I die?

Transcript & link to video discussing what is an appointor? What happens when an appointor dies? What if I don't like what my trust deed says?

Australia Family

CG

Cooper Grace Ward

Lifespan of trusts extended thanks to new Property Law Act

Queensland's new Property Law Act extends the trust perpetuity period to 125 years, increasing flexibility for trust planning.

Australia Commercial

CG

Clifford Gouldson Lawyers

Queensland trusts can now operate for 125 years - What you need to know

Perpetuity period for trusts extended from 80 to 125 years - new opportunities for intergenerational wealth management & tax planning.

Australia Commercial

MD

McCarthy Durie Lawyers

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

Australia Commercial

CG

Cooper Grace Ward

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

Australia Commercial

M

McCabes

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

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

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

Legislative mechanisms in place in regard to beneficiaries who are not ordinarily resident in Australia and considering a change in trusteeship.

Australia Commercial

PP

Pointon Partners

No fiduciary obligation to a former trustee

A former trustee is not owed any fiduciary obligation by a successor 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)

Bendel is an intriguing case that will have further developments.

Australia Commercial

PP

Pointon Partners

What are the common pitfalls in discretionary trusts?

Transcript & link to video discussing common pitfalls in discretionary trusts.

Australia Commercial

CG

Cooper Grace Ward

The gap in unitholder rights

Australia Commercial

CO

Carroll & O'Dea

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

Tax issues to consider before the end of the financial year, for deceased estates and testamentary trusts.

CG

Cooper Grace Ward

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

There are several considerations for trustees when determining the distribution of income & capital each financial year.

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

Analysis Of Recent Full Federal Court Decision In Australian Tax Case

AM

Alvarez & Marsal

Protecting assets and preserving wealth through Discretionary Trusts

Australia Commercial

MF

Matthews Folbigg Lawyers

It Depends – What's the difference between Unit Trusts and Fixed Trusts?

Australia Commercial

CG

Cooper Grace Ward

It Depends – The many uses of trust cloning

Australia Commercial

CG

Cooper Grace Ward

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

Australia Commercial

CG

Cooper Grace Ward

Trust Deeds: What to do when all is lost?

Australia Commercial

PA

Piper Alderman

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

Australia Commercial

CG

Cooper Grace Ward

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Latest Videos

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It depends – What happens to the appointor role in my family discretionary trust when I die?

CG

Cooper Grace Ward

It depends – Trust vesting

CG

Cooper Grace Ward

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

CG

Cooper Grace Ward

It Depends – Family trust change of trustee (part 3 – debts and liabilities)

CG

Cooper Grace Ward

It Depends – Do I pay stamp duty on a change of trustee?

CG

Cooper Grace Ward

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