The reputation of the authors as foremost authorities in this area is evidenced by the number of times their work has been cited in cases. Their robust treatment of “trusts” makes it the essential guide to all major topics in this area.
The service pays detailed attention to the underlying general principles and the impact of recent developments in trust law. It also offers a general and comparative view of trusts legislation in all Australian jurisdictions and assists in interpreting the meaning of comparative Acts in the local jurisdiction.
NEW Charitable Trusts – Definition and Scope chapter
Mr Lee has analysed the recent High Court Appeal decision of Aid/Watch Incorporated v Commissioner of Taxation 2010. It is submitted that at the heart of the majority judgment is the rejection of Tyssen’s theory of stultification and its reference to the democratic character of the Australian Constitution. The case is an object lesson for all managers of charitable trusts who hope for a tax advantageous status: they must always seek the co-operation of the Australian Taxation Offfice at all stages of the creation and the management of every trust for a charitable purpose.
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