After an interesting series of tangential discussions on what constitutes a new trust Dr Campbell Rankine will again lead the discussion on Oswal and when a new trust is created, settled or resettled.

We will continue our discussion on present entitlement, absolute entitlement and specific entitlement and Subdivision 115-C.

In coming weeks, we anticipate exploring S99B and also accounting for trust distributions and the trustee’s right of indemnity.

 

Required Reading:

Oswal

Subdivision 115-C 

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

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