Bamford resolved the proportionate approach to Division 6 by distinguishing between distributable and taxable income but did not clarify when entitlement arises. The coming High Court decision in Bendel is expected to examine whether beneficiaries cannot become...
This week we will read the High Court hearing transcript in Commissioner of Taxation v Bendel and focus on what the Court appears to be probing beyond Div 7A: the nature and source of trust entitlements. If the High Court does examine the nature of trust entitlements...
This session examines the clash between copyright law and artificial intelligence through the lens of Thomson Reuters v. ROSS Intelligence. We will read Judge Bibas’s 2025 decision and ROSS’s Opening Brief on appeal to the Third Circuit. The case asks whether Westlaw...
Next week we turn to Poulton v Conrad [2025] TASFC 7, a decision of the Tasmanian Full Court that may prove to be the most radical judgment yet on Bitcoin. The Court upheld liability in conversion and detinue for Bitcoin retained by an intermediary, despite orthodox...
This session examines the ATO’s approach to trust splitting and resettlement. While the Commissioner’s outcomes in recent private rulings may be defensible, the reasoning is, in my view, wrongly framed. We will analyse the ATO’s position against the background of...
Next week Julie Van der Velde, Founder and Principal of VdV Legal, will lead our session. Julie has over 20 years’ experience in tax, trusts, and estate planning. She will examine the Privy Council’s decision in Ashley Dawson-Damer v Grampian Trust Co Ltd [2025] UKPC...
