A recent Supreme Court decision considered the costs of a dispute between adjoining owners as to the conditions under which the property A owner could enter into the property B owner’s land of the other to carry out work to property A. The entitlement to do so is triggered by section 180 of the Queensland […]

In most discretionary or family trusts, there are three main roles.  The first is of the trustee, who holds the property and carries on the business for the benefit of the trust.  The second is the identity of the primary beneficiaries.  Usually, the beneficiaries will be in some way related or associated with the primary […]

Many will be familiar with binding death benefit nominations for their superannuation funds. These nominations direct the trustee of the fund to pay the benefit upon a member’s death in a particular way (generally to “dependants” in particular proportions, or to the legal personal representative (executor of the will or trustee of the estate) of […]

The Supreme Court of Queensland has twice recently considered the implications of the “gift and loan back strategy” which is a common device whereby a person makes a gift of a substantial amount of money to a trust, which gift is made through a loan from the trust, and secured against the assets of the […]