This session looks at management of SMSFs when a member dies. The structure of the SMSF is important to avoid unnecessary complexity. The discussion also covers the payment of benefits, trustee issues and lessons from case law.
Featuring: Graeme Colley, Super Concepts, Sydney
[39 minutes] [0.65 CPD hours]
Most lawyers in Queensland consider the law relating to easements has been long settled, though disputes over its application in practice are not uncommon. However, the development of more complex strata developments, and forms of mixed use ownership, may be challenging this complacent position. In this program, Ralph Praeger, from Macpherson Kelley in Brisbane, looks at the law relating to easements in Queensland through the legislation and recent cases.
[26.39 minutes] [0.43 CPD hours]
Drafting binding financial agreements to withstand the test of time requires careful compliance with the requirements for an enforceable contract, careful attention to Family Law Act formal requirements for agreements to be binding, and the advice to be given to clients, as well as ensuring that the advice is recorded and retained. In this program, Stephen Page, from Page Provan in Brisbane, provides a guide to best practice in drafting financial agreements, illustrated by recent Court decisions.
45 minutes / 0.75 CPD units
Breaches of family court property orders are common, and an innocent party has a range of options available to respond to the breach. In this program, John Spender, from Kennedy Partners in Melbourne, provides a guide to the available options, and good practice in making enforcement and contravention applications.
33 minutes
0.55 CPD hours
The sale of a going concern gives rise to a GST exemption that can deliver major transfer duty savings and cash flow benefits to the purchaser, making it a particularly attractive proposition where real property is involved. However, the simplicity of the legislative provisions can mask the complexities in practice. This podcast analyses the conditions required to apply the GST-free going concern concession under Subdivision 38-J of the GST Act.
Featuring: Ken Fehily, Fehily Advisory, Melbourne
Getting up to Speed with the Additional Small Business CGT Conditions for Shares and Trust Interests
A relatively recent change to the basic conditions for the CGT small business conditions where the CGT asset is a share or trust interest, relates to CGT events occurring after 8 February 2018. This podcast explores the challenges that can arise in practice.
Featuring: Linda Tapiolas, Cooper Grace Ward Lawyers, Brisbane
33 minutes / 0.5 CPD hours
Corporate and individual residency is more relevant than ever, particularly in light of new case law and ATO guidance. This podcast explores the question of residence and the issues that arise in practice.
Featuring: Vanessa Priest, Baskin Clarke Priest, Sydney
36 minutes / 0.60 CPD hours
Family lawyers inevitably encounter in the course of their practice a ”motley crew” of sometimes bizarre characters, some with recognised personality disorders which can present major risks, not only to the person’s own case but to the practitioner, both professionally and personally.
Since the common law doctrine first arose in 1979, mutual wills have been used by succession lawyers as an estate planning tool. But what exactly is the doctrine of mutual wills? And, how can succession lawyers ensure the mutual wills operate as intended?
Executors and trustee, when faced with controversial decisions relating to the management, or administration, of trust property, or the interpretation of a trust deed, have the option of applying to the court for judicial advice. In this program, barrister Craig Birtles, from Second Floor Wentworth Chambers in Sydney, reviews the case law relating to when and how judicial advice can and will be given, and should be sought.
[31 minutes] [0.52 CPD units]