Miscellaneous 2008

Trusts and the family court: (In)Discretion is the name of the game

Source: Victoria

Published Date: 26 Mar 2008

 

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The powers of the Family Court to make orders between spouses which have regard to assets held in family trusts is a matter which planners must take into careful account. This paper provides an overview of the crucial Family Law Act provisions and commentary on how they work in practice, including covering:

  • family trust assets as a "financial resource" of a beneficiary who is a party to a matrimonial dispute
  • the powers of the Family Court to make "third party orders" directly against family trusts and their assets
  • recent case law and the Family Court's approach to dealing with family trusts
  • issues for family trusts once adult children and their spouses take over effective control upon the death of parents.

Individual Session

Trusts and the family court: (In)Discretion is the name of the game

Author(s): Peter Szabo

Details

  • Published By: Peter Szabo
  • Published On:26 Mar 2008
  • Took place at:RACV Club, Melbourne

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