Live Webinar: Trust Resettlements, Clark’s Case and the Commissioner’s New Stance


Date: Tuesday 10th November 2020
Vic, NSW, ACT, Tas: 1.30pm to 2.30pm
Qld: 12.30pm to 1.30pm
SA:  1.00pm to 2.00pm
NT:  12 noon to 1pm
WA: 10.30am to 11.30am

Practitioners are continually faced with the dilemma of whether an amendment to the trust deed constitutes a resettlement of a trust. Even though the Commissioner made his views clear in TD 2012/21, confusion and uncertainty still abounds in the taxpayer community. This session seeks to clarify the misunderstanding and discusses the following areas:

  • What is a resettlement?
  • What are the income tax and CGT consequences?
  • Review of TD 2012/21 and FCT v Clark [2011] FCAFC 5
  • Can I amend the trust deed without resettling?
  • Practical scenarios (e.g. what happens if the deed is lost and a replacement deed is obtained, is that a trigger for a resettlement?)
  • What sort of amendments will trigger a resettlement? (e.g. amendments to irrevocably remove a beneficiary)
  • Are deeds of disclaimer an alternative to amending the deed to remove a beneficiary? - The Trustee for the Whitby Trust and Commissioner of Taxation [2019] AATA 5637  and Lewski v FCT [2017] FCAFC 145
Live Webinars,Taxation,Live Webinar: Trust Resettlements, Clark’s Case and the Commissioner’s New Stance

Dung Lam, Special Counsel, Coleman Greig, Sydney

Dung Lam currently holds the position of Special Counsel within Coleman Greig's Taxation Advice team, having joined the firm as part of our 2019 integration with Argyle Lawyers.

With extensive experience in Federal taxes including income tax, capital gains tax, GST and State taxes such as stamp duty, land tax and payroll tax, solving complex tax issues comes naturally to Dung.

She also advises clients on self-managed superannuation funds, taxation trusts and tax issues related to estate planning. Her clients include corporates, families and their advisors and high net worth individuals.

Dung creates tax effective strategies for clients who wish to undertake acquisitions, disposals of assets and businesses, business restructures, domestic and international business expansions and succession planning.


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.


Registered live webinar delegates will receive a CPD certificate for attendance at this webinar.  Accountants can claim up to 1 CPD/Training hour.  Lawyers can claim up to 1 CPD units/point – substantive law.  This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

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:

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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.

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Product Code: RBINOV20
 Price:   $264.00 (Inclusive of GST)
© 2020 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.