Sladen snippet – Burgess v Burgess – another super death benefit conflict case

Sladen snippet – Burgess v Burgess – another super death benefit conflict case

The decision of Burgess v Burgess is another case which considers conflicts of interest in the context of paying super death benefits. It follows a number of recent similar cases, including Re Narumon Pty Ltd, Brine v Carter and McIntosh v McIntosh. The strong consistent theme across all of these cases is that the Courts will strictly uphold fiduciary duties (even if they have “unfair” outcomes).

MD Commercial: transfers to “bare” trustees failed to qualify for an exemption from Victorian stamp duty

MD Commercial: transfers to “bare” trustees failed to qualify for an exemption from Victorian stamp duty

The Victorian Supreme Court in the decision of MD Commercial Pty Ltd & AJ Commercial Pty Ltd v Commissioner of State Revenue [2018] VSC 560 confirmed that certain transfers of land to trustees were not exempt from duty under section 35 of the Duties Act 2000.

Sladen Snippet - Aussiegolfa the Appeal Part 2 – Sole purpose trust not breached

Sladen Snippet - Aussiegolfa the Appeal Part 2 – Sole purpose trust not breached

We previously reported on the Federal Court decision of Aussiegolfa v FTC here and here. The Full Federal Court has now handed down its appeal decision. This case is an important because it considers two key planks of the superannuation prudential standards, the in-house asset rules and the sole purpose test. This snippet looks at the latter, another snippet looks at the former.

Sladen Snippet - Aussiegolfa the Appeal Part 1 - In-house asset rules and interests in trusts

Sladen Snippet - Aussiegolfa the Appeal Part 1 - In-house asset rules and interests in trusts

We previously reported on the Federal Court decision of Aussiegolfa v FTC here and here. The Full Federal Court has now handed down its appeal decision. This case is an important because it considers two key planks of the superannuation prudential standards, the in-house asset rules and the sole purpose test. This snippet looks at the former, another snippet looks at the latter.

Sladen snippet – Extension of NALI to non-arm’s length expenses measure before parliament

Sladen snippet – Extension of NALI to non-arm’s length expenses measure before parliament

The Government has released a bill to extend the application of the non-arm’s length income (NALI) rules to income and capital gains gained or produced under arrangements involving non-arm’s length expenditure. The genesis of this measure was non-commercial limited recourse borrowing arrangement (LRBA) loans but the proposed legislation applies to all arrangements where there is non-arm’s length expenditure or costs and also to arrangements where assets are acquired for under market value consideration.

Sladen Snippet - Aussiegolfa part 1 - the in-house asset rules and what is an interest in a trust?

Sladen Snippet - Aussiegolfa part 1 - the in-house asset rules and what is an interest in a trust?

The recent decision of Aussiegolfa v FCT is an important decision for considering two aspects of the superannuation laws that are not often considered by the Courts, the in-house asset rules and the sole purpose test. This snippet looks at the former, another snippet looks at the latter.

Sladen Snippet - Aussiegolfa part 2 – Court finds SMSF to be in breach of the sole purpose test

Sladen Snippet - Aussiegolfa part 2 – Court finds SMSF to be in breach of the sole purpose test

The recent decision of Aussiegolfa v FCT is an important decision for considering two aspects of the superannuation laws that are not often considered by the Courts, the in-house asset rules and the sole purpose test. This snippet looks at the latter, another snippet looks at the former.