The desire to rule the family from the grave through a testamentary trust can be overwhelming but can prove a significant impediment with unintended consequences. This session will explore the stepped options for control of testamentary trust decisions and provide guidance on what practitioners need to consider when advising their clients, including:
Entering into certain accommodation arrangements can include services in addition to the accommodation, when dealing with retirement villages, aged and disability care and social and affordable housing options. This session looks into whether or not GST can apply to these costs, including:
To obtain the generous SMSF concessions, amongst other conditions, the fund needs to have its residency status in Australia. Not meeting this condition places the fund into non complying status. This session looks into how residency is determined for SMSFs, including:
One of the most controversial parts of the Federal Government’s recent workplace reforms include the introduction of multi-employer bargaining. Will these changes open the door to crippling industrial action across entire sectors? If so, how can employers best prepare themselves for what is coming? It’s never been more important to be across the new landscape and what they mean for the Australian workforce. This session provides a deep dive into bargaining, including:
The tax legislation definition of when a company is a resident is neatly packaged up into one easy to read sentence. If only applying the residency test for a company in practice was always that simple. This session explores why determining a company’s tax residency can create headaches for tax practitioners, including:
The use of alternative dispute resolution to settle commercial disputes is becoming increasing common, requiring lawyers to advise clients about the options available, and the planning and management of the process. In this program, Geoffrey Adelstein, from Adelstein Solicitors in Sydney, provides a guide to the best approach in deciding when and how to settle a commercial dispute through ADR, including: the types of ADR available and when to use them; preparing for, and managing, the ADR strategy and process; and fairness and natural justice in ADR.
The trust deed should underpin the trustees’ actions. It is essential that the deed meets the requirements of the fund and addresses bespoke fund management requirements. However, many trustees have a ‘set and forget’ attitude towards the trust deed. This podcast examines how to ensure the trust deed is valid and supports the SMSF’s strategies.
Featuring: Nathan Yii, Nathan Yii Lawyers, Melbourne
37 minutes / 0.62 CPD hours
Bequests in Wills often fail because of mistakes, ambiguous drafting and problems with identifying the subject of the gift or the intended beneficiaries. In this program, Jennifer McMillan, from Lawcover in Sydney, through the case law, identifies common problems with gifts in Wills, and how they can be managed by taking specific instructions, careful drafting and general good practice.
38 mins / 0.6 CPD units
With the increasing emphasis of the Courts across all Australian jurisdictions on case management solicitors are increasing at risk of having costs orders made against them personally for mismanagement of a clients’ case. In this program, Hayley Hitch from Matthews Folbigg Lawyers in Parramatta, New South Wales, outlines the relevant legislation and rules, the ethical obligation of solicitors in conducting litigation, the potential grounds for the making costs orders against solicitors, and how to avoid such orders being made.
CGT rollovers relating to corporate restructures have been the subject of ATO guidance and Board of Taxation in recent years. This session explores the ATO’s current view on the various CGT rollovers for corporate restructures, with reference to the 2019 case of Hart, as well as a case study examination of how the principles apply in practice.
Andy Milidoni, Johnson Winter Slattery, Sydney
[26 minutes] [0.43 CPD hours]