This week’s session continues the series on Commissioner of Taxation v Bendel [2026] HCA 18, picking up where last week left off. The focus this week is present entitlement and the separate trust, taken in that order.  

Come prepared to discuss the following:   

  • How net income can be the subject matter of a trust when income is not property, and whether the chose in action analysis at [50] resolves that difficulty;  
  • Whether the separate trust created by the setting aside is a trust of present or future property;    

 

Required Reading:Commissioner of Taxation v Bendel [2026] HCA 18 

Recommended Reading to understand the nature of present entitlement: 

The Incoherence of Accounting For Trust Distributions  by Dr. Campbell Rankine 

Towards a Better Accounting for Present Entitlement  by Adrian Cartland 

 

Discussion led by Adrian Cartland.