We will seek to apply and overlay Division 6 to the position in equity on trust distributions that we have been delving into. Besides going into the core sections of ss95, 97, 99A, 101 etc. we will also consider AW Furse Will Trust. Dr. Campbell Rankine will lead us...
Dr. Campbell Rankine will lead us again through Fischer v Nemeske, this time through the lens of how it was considered in Bendel. In particular we will consider the Judgement of Gageler J and whether his honour is actually closer to the views of the dissenting Gordon...
There are different types of options: options per se, conditional contracts, and offers with consideration not to revoke. These are set out in Laybutt v Amoco. The different types of options have different legal and taxation effect, in particular with Stamp Duty. Dr....
22/3/24 Dr Campbell Rankine: Archibald Howie Pty Ltd v Commissioner of Stamp Duties on transfer of shares, Stamp Duty and what constitutes property and Hunter v Moss [1994] WLR 452 on declaring trust over fungibles Dr Campbell Rankine:...
8/3/24 Dr Campbell Rankine: Continuing Adamson v Hayes on the writing requirement for transfers of interests in land under a trust, then Archibald Howie on transfer of shares, Stamp Duty and what constitutes property. Then starting Archibald Howie Pty Ltd v...
For the past 12 months we have been on a thematic arc considering the meaning of “apply” in relation to trust income and capital. This has centred around Fischer v Nemeske Pty Ltd [2016] HCA 11 and the cases leading up to it. Prior to that the arc was on...
