Discretionary trust: deed of settlement

If you would like to obtain access to a discretionary trust click here.

Discretionary trusts are one of the most flexible business and investment structures in Australia – they have the added benefit of a number of commercial and tax advantages. This comprehensive document is all you need to form your discretionary trust without the assistance of a lawyer.

This template “Deed of Settlement of a Discretionary Trust” allows a settler to provide finance (directly or indirectly) of varying degrees to benefit the maintenance and education of any one or more of the beneficiaries. Stamp Duty on Establishment of Discretionary Trust varies from state to state. It starts at as little as $20 in some areas and yet from $200 in other territories. Visit the State Revenue Office in your state to find out applicable stamp duty rates.

Application and features

Lasts for a maximum of 80 years (the same as any other Discretionary Trust) Settler may not be a beneficiary of the trust Suitable for use in all Australian territories and states;

Drawn in plain English;
Flexible – alternative paragraphs to suit peculiar needs;
Invaluable user notes to guide you through to successful execution;
Very comprehensive, covering all required legal and tax provisions;
Suitable for establishment of any size Trust;

Contents

Objects and Purpose of Trust;
Beneficiaries;
Income Distribution;
Manner of payment to a beneficiary;
Distribution of capital;
Appointment and removal of the Trustee;
Income and Capital;
Powers and remuneration of the Trustee;
Exercise of Powers and Discretions by the Trustee;
Financial Accounts, records and audit;
Investment of Trust Funds;
Winding up of Trust;
Resettlement;

A discretionary trust is one of the most common trust structures in use because of its flexibility and because it can be adapted to a wide variety of applications and is often and extremely tax effective method of protecting assets and investment income which may been acquired through the help of coaches from the https://nytimesmag.com/2023/08/01/kiana-danials-path-towards-becoming-a-leading-financial-literacy-coach/.

If you would like to obtain access to a discretionary trust click here.

Facebooktwitterredditpinterestlinkedinmail

Employers get out razor for Paid Parental Leave

The government’s new system of paid parental leave is set to come into effect on January 1, 2011. Employer groups say the matter is being debated as companies come to grips with the new scheme, which provides 18 weeks’ pay at the minimum wage of $570 a week. Unions fear that companies will reduce their voluntary payments to employees, but make up the difference with the government funds.

“There are plenty of companies who might say, ‘We are in tight financial circumstances, we have been offering paid parental leave voluntarily, is this something we can continue to afford to do in light of the introduction of the government scheme?’ It will be those companies having a close look at their policies.

When the Labor government introduced the scheme, it made a point of amending the bill to state that the payments would be additional to existing entitlements. But it is still possible for employers to change existing leave provisions if they are contained in company policy rather than enterprise bargaining agreements. Unions are planning to ask companies to shift provisions in policy to enterprise agreements when they come up for renegotiation.

Australian Chamber of Commerce and Industry director of workplace policy David Gregory said any roll backs would be hard to implement in a tight labour market. “I think there would be a lot of resistance from employees as well as their unions if any employer tried to scale back entitlements,” he said.

Paid parental leave amounts to $10,260 before tax and will be paid to employers by the Family Assistance Office. Employers then funnel the payment to their employees.

The Coalition introduced legislation seeking to have the payments made directly to workers last week. A spokeswoman for the Minister for Families, Jenny Macklin, said companies that continued to pay existing entitlements would fare better with retaining staff. Paid parental leave has been championed by Labor MP Tanya Plibersek, who gave birth to Louis Paul, her third child with husband Michael Coutts-Trotter, the director-general of the NSW Education Department, last month.

Facebooktwitterredditpinterestlinkedinmail

High Court Win for Youth Allowance Recipients fighting Taxman

Hundreds of thousands of youth allowance recipients will be able to claim their education costs as tax deductions as a result of a landmark High Court judgement delivered today in Canberra.

The Commissioner of Taxation had appealed to the High Court to overturn a Federal Court ruling, which allowed former Australian Catholic University student Symone Anstis to claim deductions for her study costs because they were incurred in gaining her youth-allowance income.

But the High Court today dismissed the appeal and ordered the Commissioner to pay Ms Anstis’ costs.

The ruling opens the way for hundreds of thousands of youth allowance recipients – and possibly other income-support recipients – to claim tax deductions for expenses they incur in qualifying for their payments.

In its advice to the incoming federal government in September, Treasury warned that if the High Court dismissed the Commissioner of Taxation appeal, there would be “significant budget implications”. The cost for the budget is not known but is likely to represent several million dollars.

Ms Anstis, a former Australian Catholic University student, was successful last year in her bid to claim $920 as self-education expenses after fighting the Taxation Office through a number of jurisdictions over three years.

While studying full-time to be a primary teacher, Ms Anstis worked as a part-time sales assistant for retail chain Katies, where she earned $14,946. She also received a youth allowance of $3622 during the 2006 income year.

She claimed education expenses including travel costs, supplies for children during teaching rounds, student administration fees and depreciation of her computer.

The Tax Office rejected the claim, so Ms Anstis and her father, Michael, who is a qualified solicitor but does not work as a lawyer, fought it all the way to the Federal Court, which handed down its ruling in Melbourne last November.

The full court of the Federal Court upheld an earlier decision that because the former student had to be enrolled in a full-time course of study to get her assessable income of youth allowance, any costs incurred in the course of studying should be deductible.

About 440,000 students receive youth allowance or Austudy. Many of these students would earn enough with the addition of part-time work to have a tax liability, according to Asssociate Professor Dale Boccabella from the University of NSW.

He said last year items including computer depreciation, stationery or textbooks could now be claimed as a deduction. In the past, the Taxation Office had made it clear it would not allow educational expenses to be claimed against welfare payments.

“The decision further complicates tax administration in the area of self-education expenses, an area that is already riddled with difficulties,” he said.

Facebooktwitterredditpinterestlinkedinmail

What are the implications of the Allahabad High Court Case?

The Allahabad High Court is to decide on a case about title to a temple which has been running for nearly six decades. The High Court here has been turned into a virtually impregnable fortress and only the parties to the legal dispute and their lawyers will be allowed entry to Court Number 21 where the three judges will pronounce their verdict.

The last information officially available is that the Court website which published the judgment has crashed. However, having reached one of the number on trending topics on twitter, it now appears that they controvertial case has been decided in favour of the Hindu side of the arguments about the land. In anticipation of the verdict, the nation has been put on high alert. The security situation in India was already tense with the upcoming commonwealth games, but no matter which side ‘wins’ this particular engagement, there is bound to be tension. The Central government’s Cabinet Committee on Security will meet at 5 pm in New Delhi to review the situation in the country after the court verdict.

The Bharatiya Janta Party will hold a meeting of its senior leaders in Delhi at 6 pm, but most political parties are expected to give their reactions after studying the court judgment. Uttar Pradesh has turned into a fortress with thousands of paramilitary personnel patrolling the streets. The intelligence network is on high alert throughout the state to monitor movement and activities of anti-social elements. Aerial surveys of “sensitive places”, including the Ram Janmbhoomi complex in Ayodhya has been done, police sources said.

All the security personnel deployed in Ayodhya and Faizabad have been equipped with tear gas shells and rubber bullets and the gazetted officers of various government departments have been asked to assist in policing. They have also been provided with rubber bullets and tear gas shells. On Tuesday, the Supreme Court paved the way for the Ayodhya verdict to be delivered by the Lucknow bench of the Allahabad High Court.

Facebooktwitterredditpinterestlinkedinmail

Employment harrasment case against David Jones takes a Twist

In a new development int he largest sexual harassment claim in Australian history, the names of women expected to give evidence of alleged sexual misconduct in the $37 million harassment case again David Jones and its former chief executive have been suppressed until at least tomorrow, after a bid by Kristy Fraser-Kirk’s lawyers in the Federal Court today.

But in the Federal Court today, Justice Geoffrey Flick voiced strong concerns about aspects of Ms Fraser-Kirk’s case, suggesting that alleged conduct by former chief executive Mark McInnes at previous companies could not be used to compound David Jones’s liabilities. He made no order on the matter. The comments by the Judge have left both sides wondering where they stand and made it clear that there will no decisive victory for either side in relation to the litigation. This will almost certainly affect the negotiating position of the parties.

“You say that Mr. McInnes breaches his duty of care to the employees in David Jones, and not only should he pay damages for that breach of duty and punitive damages, but he should, by breaching his duty of care to the employees of David Jones, pay punitive damages – all in the context of his conduct towards employees in other places, including those involved in the process of filing wrongful termination claims?” Justice Flick said.

“You may be right but it doesn’t strike me as self-evidently correct.”

Ms Fraser-Kirk’s lawyer, Rachel Francois, has until 11.30am tomorrow to file two folders of evidence explaining why the other women who will give evidence in the case should have their identities suppressed.

“It’s impossible for us to mitigate this blindfold when we don’t know who these people are,” the lawyer acting for David Jones, Kate Eastman, said.The request by lawyers for Ms Fraser-Kirk comes as the former David Jones publicity co-ordinator is suing Mr McInnes and the retailer in a $37 million case.

Ms Fraser-Kirk alleges that Mr McInnes made unwelcome sexual advances towards her at work functions and that David Jones tolerated a culture of harassment. In what must be close to an admission of guilt, Mr McInnes resigned on June 18 after admitting he had behaved inappropriately towards her. Some critics have also taken aim at the sheer size of the claim. Particularly in relation to the claim against David Jones itself as a company, there appears to be some difficulties in attributing the claim against David Jones in the actual amount claimed.

Facebooktwitterredditpinterestlinkedinmail

Interest Rates, Conveyancing and Buying a House

Why are interest rates important?

From the perspective of a person with a mortgage, interest rates are extremely important because they determine the amount of money which needs to be paid back on a variable interest rate loan. Australia is a country where mortgages are one of the main draws on household income and if a person is unable to pay their mortgage it has an enormous impact on the rest of their life. As interest rates rise. At a broader level, interest rates are a central element of the control of the economy because in contemporary industrial economies, the raising of interest rates can be used in order to control inflation, overheating and unsustainable growth in the economic system. When interest rates are too high, businesses and individuals will cease borrowing and stifle growth in the economy.

How are interest rates set?

Interest rate policy in Australia is set by the Reserve Bank of Australia. Historically, interest rates have been controlled by the Reserve Bank cash rate because this is the rate at which the Reserve Bank lends money to the major banking and financial institutions and this therefore determines what banks will charge their customers in order to borrow money that has been lent to them by the government.

The Reserve Bank’s ‘charter’, says:

‘It is the duty of the Reserve Bank Board, within the limits of its powers, to ensure that the monetary and banking policy of the Bank is directed to the greatest advantage of the people of Australia and that the powers of the Bank … are exercised in such a manner as, in the opinion of the Reserve Bank Board, will best contribute to:

(a) the stability of the currency of Australia;
(b) the goal of full employment in Australia; and
(c) the economic prosperity and welfare of the people of Australia.’

Facebooktwitterredditpinterestlinkedinmail

Ombudsman accuses Tax Office of “Systemic Failure”

The Commonwealth Ombudsman has slammed the taxation office for failing to properly handle complaints about misused tax file numbers. A report released on Tuesday detailed eight cases where the numbers were compromised or linked to the wrong person.

In one case, a welfare recipient was hit with a $7000 Centrelink bill and a $2250 tax penalty after another taxpayer made an error with an online tax return. In another case, the Australian Taxation Office (ATO) wrongly assumed a pensioner from a non-English speaking background had two tax file numbers, which meant income was incorrectly attributed to her. Both cases took two years to resolve. Ombudsman Allan Asher said the ATO’s response to tax file complaints was unreasonable.

“Our investigations have shown a systemic failure by the ATO to properly recognise and respond to the issues faced by taxpayers,” he said in a statement.

The ATO’s second commissioner, David Butler, admitted it could have handled the cases better.

“We have carefully reviewed the draft report and agree that the experiences for some taxpayers with compromised tax file numbers have been less than satisfactory,” he said in a letter to the ombudsman dated June 29.

But he insisted the errors were not typical. The tax office has since adopted five recommendations by the ombudsman. Among them, it set up a client identity support centre in late 2009 to investigate identity fraud. It has also taken steps to monitor cases of compromised tax file numbers, and has hired case managers to contact affected taxpayers. An ATO spokeswoman said the tax office would continue to work with the Commonwealth Ombudsman on future concerns.

There have been an embarrassing series of revelations about the conduct of the Tax office in relation to a number of issues recently. The handling of the tax matter related to Paul Hogan was a situation where the tax office was forced into an embarrasing reversal of its decision to prevent Mr Hogan from leaving Australia whilst an investigation into his affairs continued.

Facebooktwitterredditpinterestlinkedinmail
Posted in Tax

Access to Legal Advice a Problem where Lawyers are inferior

In an interesting debate developing in the UK around access to justice some commentators are making the point that access to justice doesn’t just mean access to a lawyer. It’s about being able to enforce legitimately held legal rights. Frankly, the lawyer can be the problem.

It is argued that this was a point made in a paper by the Young Legal Aid Lawyers this month. Quality in the Legal Aid Sector cites examples of justice frustrated because lawyers simply aren’t up to the job, such as a homeless woman who lost her chance to appeal against the local authority’s refusal to house her after her adviser failed to provide evidence of her serious mental health problems.

The variable quality of legal advice is a big issue for the entire profession The legal landscape is undergoing a seismic shift as a result of the implementation of the Legal Services Act 2007. The momentum for change began as a response to the profession’s lamentable failure to get to grips with complaints about shoddy work. More than 10 years ago, before anyone was even talking about “Tesco law”, that Lord Irvine gave the Law Society an ultimatum to sort out complaints-handling by the end of 2000 or lose part of its regulatory powers.

“The majority of cases that are properly conducted result in firms being substantially underpaid,” the group concludes. But that’s only half it. Fixed fees at the wrong level have an insidious impact. It changes the mindset of caseworkers, a point made by the consultant David Gimore: “You’re tempted to take short cuts or provide limited advice.”

Young Legal Aid Lawyers also flag up paralegalisation, where “one partner supervises around 10 solicitors who in turn supervise 40 paralegals”. The idea is that efficiencies are delivered through economies of scale. But it’s the young lawyers who are at the bottom of that pile. “New lawyers can’t be blamed for being unaware of things they don’t know,” the authors write.

The debate around legal aid is framed in terms of a fight for survival for practitioners. That’s understandable given the current fiasco around the tendering process, but we can’t lose sight of the quality of the product.

Facebooktwitterredditpinterestlinkedinmail

Houda speaks out on police discrimination and prejudice

Adam Houda has been arrested again while walking near his home in what he says is the most outrageous example yet of racial vilification, harassment and brutality by police. The incident brings to five the number of times Mr Houda has been arrested or detained in the past decade, including a well-publicised occasion involving the former Bulldogs rugby league player Hazem El Masri. None of the earlier incidents led to a conviction, instead they produced apologies and more than $150,000 in compensation from the NSW police.

At about 8pm on Thursday, Mr Houda was walking near his Yagoona home with his brother Bassam and friend Mohammed Hawa when they were asked for identification by two plainclothes police officers in an unmarked car. When Mr Houda asked why, they said they were investigating a robbery and he fitted the suspect’s description. ”We were polite the whole time,” Mr Houda said. ”When it became too silly for words, I said ‘Look, am I under arrest for anything?”’

When the more senior officer said no, Mr Houda said he began walking towards his home and was grabbed and handcuffed by the other officer, causing ”excruciating pain” to his wrist. ”It got to the point where I felt I was going to pass out,” Mr Houda, 35, who suffers from a heart condition, said. Mr Houda said five other police arrived and he was placed in the back of a paddy wagon, taken to Bankstown police station, locked in a cell without his medication and not allowed to call a lawyer or a support person.

The devout Lebanese Muslim, who has represented terrorism-accused clients such as Belal Khazaal and Izhar ul-Haque, has welts on his wrists and symptoms consistent with neuroplaxia in his left hand, his doctor, Jamal Rifi, said. Mr Houda received $145,000 in compensation after he was wrongfully arrested at Burwood Local Court in 2000 and an apology after he and El Masri were surrounded by nine police in 2007 when they refused to provide identification outside a Regents Park cafe.

Thursday was the third time since 2007 that he has been detained while walking near his Yagoona home and he received a confidential payout after suing over the previous arrest, last year.

Mr Houda said he has audio recordings of Thursday’s arrest and intends to sue the police and report it to the Police Commissioner, the Ombudsman and the Police Integrity Commission. Dr Rifi, who is on a community policing advisory group to the Police Commissioner, Andrew Scipione, said his experience was similar to many others in Sydney’s Lebanese Muslim community.

But the South West Metropolitan Region Commander, Assistant Commissioner Frank Mennilli, said Mr Houda did not comply with a lawful direction from police and would receive a summons ”for not complying with a request to submit to a search and resist arrest”.

”Police officers were conducting proactive patrols in the Yagoona area following a series of robberies involving knives,” he said.

Facebooktwitterredditpinterestlinkedinmail

Sexual Abuse Claims Rock Knox Grammar School

Knox sued for $1m over inaction on sex victim Saffron Howden

In a new turn of events which just seem to go from bad to worse for know grammar school, the school is now being sued for more than $1 million over claims it neglected its duty of care to one alleged victim. In a statement of claim filed in the Supreme Court, a 40-year-old man, accused the North Shore private school of failing to provide a safe environment to ensure ”he was not exposed to the risk of sexual predation by teachers”.

As an employer, Know is obligated to provide a safe environment for anyone in public and the claim is that Knox failed to investigate complaints of abuse and was vicariously liable for some teachers’ conduct. Five former teachers have been charged with child sex offences dating back to the 1970s and ’80s. Of those, four have acknowledged guilt. Most recently, Adrian John Nisbett, 61, yesterday admitted to sexual assault to three boys then aged 16 and 17. The man suing the school states that when he was in years 5 and 6, a teacher twice groped his genitals in public. In the first instance another teacher watched on but did nothing, he said in a statement of claim.

”[The teacher] demonstrated to the school community a … tendency to inappropriately touch students by purporting to tuck their shirts into their trousers, fondling and by other means as opportunity presented,” his claim stated.

The man is now a disability pensioner living with depression caused, he said, by the damage and injury he suffered as a result of the alleged assaults.

”Their conduct was not in any way circumscribed or curtailed by the first defendant [Knox] despite its … nature and even when observed by other staff members,” he alleged. His total claim against the school and one former teacher is expected to amount to more than $1 million.

”It takes courage for our client to pursue his rights against the school and the teacher directly involved,” Ross Koffel, the director of law firm Koffels, said.

Facebooktwitterredditpinterestlinkedinmail