Live Webinar: Tax Consequences of an Invalid Appointor or Trustee


Date:  Tuesday 17th July 2018 – Online:
Vic, NSW, Qld, ACT, Tas: 11am to 12.30pm 
SA & NT:  10:30am to 12noon
WA: 9am to 10.30am

The WA Supreme Court’s decision in Mercanti has placed doubt over an uncritical reliance on the amendment power in a discretionary trust deed. This session examines the significant tax consequences for an invalidly appointed appointor in a post-Mercanti landscape. It covers:

  • The impact of Mercanti v Mercanti
  • What are the tax consequences for an invalidly appointed appointor?
  • If distributions are invalid who is assessable on income of the trust?
  • Impact of s99A ITAA 1936 – a tax liability nightmare
  • Checking the amendments clause and interpretation of amendment powers in deed
  • How far should you rely on the general amendment power in discretionary trusts?
Our presenter

Michael Hinchcliffe, Associate, McInnes Wilson Lawyers, Brisbane 

Prior to joining the legal profession, Michael complemented his studies in Law and Banking and Finance with experience as corporate tax adviser with Ernst & Young. Michael’s past experiences uniquely place him to understand revenue matters affecting his clients in pursuing their commercial objectives.

Michael works with a variety of clients including high net worth individuals and family groups, primary producers, property developers, corporates, accountants, insolvency practitioners, financial planners and other professionals. He prides himself on the close relationships he has formed with other professional advisers in delivering strong and beneficial outcomes for mutual clients.


This webinar is suitable for accountants and lawyers advising in taxation matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.


Live webinar delegates will receive a CPD certificate for attendance at this webinar.  Accountants can claim up to 1.5 CPD/Training hours.  Lawyers can claim up to 1.5 CPD [CLE] units/points – substantive law.  This webinar has been designed to run for 1.5 hours, however, webinar lengths can vary depending on the level of questions and discussion, and the minimum length of the webinar is 1 hour.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:

Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and time with your computer and internet connection.

Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer. The speaker delivers the session from their computer in real time. Just like a live seminar, you can ask questions of the speaker. You simply type your question into the question box and the speaker responds to it during question time.
At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you earned.

You will need a computer with sound, an internet connection and earphones if you need to participate in the webinar in an open office environment (so you don’t disrupt those around you).

Product Code: RBHJUL18
 Price:   $253.00 (Inclusive of GST)
© 2019 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.