'Control’, ‘ownership’ and the beneficiary of the discretionary trust: case note

Aitken, Lee (2008) 'Control’, ‘ownership’ and the beneficiary of the discretionary trust: case note. Australian Bar Review, 31 1: 128-131.

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Name Description MIMEType Size Downloads
Author Aitken, Lee
Title 'Control’, ‘ownership’ and the beneficiary of the discretionary trust: case note
Journal name Australian Bar Review
ISSN 0814-8589
Publication date 2008
Year available 2008
Sub-type Article (original research)
Open Access Status
Volume 31
Issue 1
Start page 128
End page 131
Total pages 4
Place of publication Chatswood, NSW Australia
Publisher LexisNexis Butterworths
Collection year 2009
Language eng
Formatted abstract
Recent cases in the Federal (ASIC v Carey (No 6))1 and Family Court (Stephens v Stephens)2 have contained the heterodox suggestion that in certain circumstances a court would be entitled to disregard the formal declaration of a trust in favour of a discretionary beneficiary (who is also frequently appointor) and treat that beneficiary as enjoying some form of ‘property’ interest in the trust property, prior to any appointment in his favour (see, generally, Dr John Glover, for an astringent analysis of the decisions).3 As a result of this ‘property’ interest, the court is empowered according to the applicable statute to make orders with respect to the trust property. In Public Trustee v Smith4 Justice White has examined the cases and in a detailed obiter analysis has explained the limitations on their potential operation.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
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Created: Sat, 08 Nov 2014, 15:02:16 EST by Carmen Buttery on behalf of T.C. Beirne School of Law