Bendel May Be More Interesting Than It Appears – Clarifying Present Entitlement Bendel is one of the most anticipated tax cases of the past couple of decades. Simply put, whether UPEs trigger a Div 7A deemed dividend is a matter that is consequential to every tax...
Fischer V Nemeske: The Dissenting Judgements – Part 3 Kiefel J’s Dissent This is the final part of my three part series commenting on Fischer V Nemeske, specifically the dissenting judgements. Kiefel J considered that for the capital to be applied,...
Analysis of Fischer v Nemeske: Gageler J’s Judgement Continuing on from part one of the discussion on Fischer v Nemeske, in which the conventional view of present entitlement and the controversial majority judgement of French CJ and Bell was...
Present Entitlement and Fischer V Nemeske – Part 1 This is part 1 of my three-part series commenting on present entitlement and Fischer V Nemeske. To understand the effect of a resolution to make a beneficiary presently entitled to a sum, with a...
Notwithstanding that a promissory note is a relatively simple instrument, it may be drawn incorrectly. Examples of this are Re Permewan [26] and Turner v O’Bryan-Turner, [27] both of which involved a “gift and loan back” scheme. A further analysis of these cases is...
