A challenge to established law on discretionary trusts? - Re Richstar enterprises

Glover, J 2007, 'A challenge to established law on discretionary trusts? - Re Richstar enterprises', Australian Bar Review, vol. 30, pp. 70-89.


Document type: Journal Article
Collection: Journal Articles

Title A challenge to established law on discretionary trusts? - Re Richstar enterprises
Author(s) Glover, J
Year 2007
Journal name Australian Bar Review
Volume number 30
Start page 70
End page 89
Total pages 20
Publisher LexisNexis Butterworths
Abstract Re Richstar Enterprises is a remarkable first instance decision of the Federal Court. A person able to 'effectively control' a discretionary trust was for that reason attributed with 'at the very least a contingent interest' in the assets of the trust. No other entitlement was shown. 'It is as good as certain', Justice French cynically observed, 'that [the trust controller] will receive the benefits of distribution either of income or capital or both'. This idea is dangerous, in the contexts of personal liability, insolvency and taxation. Established principles will be restated in order to deny that interests in trusts can be derived from the mere fact of control.
Subject Equity and Trusts Law
Keyword(s) Richstar Enterprises
Federal Court
discretionary trust
ISSN 0814-8589
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Created: Mon, 06 Dec 2010, 14:11:00 EST by Catalyst Administrator
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