Today we explored whether a separate trust had been established under Oswal.  Notwithstanding the occurrence of CGT Event E1 the Court does not appear to have held that there is a separate for trust law purposes.

 This accords with the famous paragraph 48 in Buckle and the necessity to discharge the Trustee’s right of indemnity.  There is much more to continue in Oswal and we will do so in next week’s training led by Dr Campbell Rankine.

 Required Reading:

Oswal

Mind Map – Oswal v C of T [2013] FCA 745 Edmond J

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