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Discretionary trust interests: the Westpoint litigation paper

Published on 13 Sep 06 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper addresses the implications of the Westpoint litigation for trusts and what the future holds in relation to the following:

  • can a discretionary beneficiary have an ‘interest’ in a family trust?
  • how can family trust assets be exposed to claims against beneficiaries?
  • what is likely to happen with beneficiaries, appointors, guardians and trustees in future?

Author profiles

Ronald Jorgensen CTA
Ron Jorgensen, CTA principally consults on Commonwealth and State tax laws, tax dispute resolution and compliance enforcement and specialises in trusts and trust disputes, succession and succession disputes and asset protection, business and investment structuring and tax sensitive commercial and property transactions for high wealth families, privately owned businesses and small to medium enterprises. He is a member of The Tax Institute, the Law institute of Victoria and the Law society of Tasmania. He is an Accredited Specialist in Tax Law and a member of the Tax Law Advisory Committee with the Law Institute of Victoria. He is a member of the Property and Commercial Law Committee of the Law Society of Tasmania. Ron is a Chartered Tax Advisor and a member of the State Council (Tas) and the State Taxes Committee (Tas) of The Tax Institute. He has a Master of Laws (Melb) and a Bachelor of Arts-Laws (Tas). Ron is a nationally respected tax and trusts technical writer and presenter. Ron was recognised by Doyle’s Guide Leading Tax Lawyer – Victoria for 2015 to 2023 and Best Lawyers for tax law – Australia for 2021 to 2023. - Current at 15 May 2024
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Renuka Somers CTA
Renuka is the Senior Tax Advisor in the US-Australia Tax Desk at Asena Advisors in the US, and a consultant at HWL Ebsworth Lawyers, Australia. Her principal areas of practice are: US-Australia cross-border structuring, Australian federal taxes (income tax, mergers and acquisitions, CGT, Div 7A and tax consolidation), trusts and international estate planning for high wealth clients. She has written numerous articles for the Taxation in Australia and The Tax Specialist journals on these topics. Renuka has worked in large Australian law firms and international accounting firms, and has also served as a volunteer executive board member for a prominent Australian health promotion charity. - Current at 20 April 2020
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