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Archive for the 'Cases' Category

In this podcast we disucss the recent case of Gonciarz v Bienias [2019] WASC 104 and the conflict of interest that arises where an executor or administrator of a deceased estate applies to receive death benefits in their own capacity.

We discuss:

  • What happened in Gonciarz v Bienias.
  • Why the outcome in this case was different to Burgess v Burgess [2018] WASC 279.
  • The Courts statement of the current law in this area.
  • What advisers can do to mitigate the risk of this conflict arising.

Hosts: Bryce Figot, Special Counsel and Shaun Backhaus, Lawyer DBA Lawyers

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In this podcast we look at the recent cases of Re Marcella and Eichmann and Commissioner of Taxation. 

Re Marcella

The Re Marcella judgement provides a great depth of analysis of how trust law principles apply to an SMSF. The case highlights the need for trustees to properly consider who to pay a death benefit to and when the courts may intervene where bad faith or grotesque unreasonableness is involved.

In this podcast we will cover:

  • The key points of Re Marcella
  • Why this case is important
  • How this case is different from Katz v Grossman

Eichmann and Commissioner of Taxation

We will cover:

  • Why was the subject property was considered an active asset for small business CGT relief purposes; how this case is different from Re Karapanagiotidis and Commissioner of Taxation [2007] AATA 1961
  • Whether there are implications for the definition of business real property
  • Comparing this case with a similar example in SMSFR 2009/1

Hosts: Bryce Figot, Special Counsel, Shaun Backhaus, Lawyer and Christian Pakpahan, Lawyer DBA Lawyers

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